In the Matter of University of Wisconsin (University of Wisconsin Nuclear Reactor); Order Modifying Facility Operating License No. R-74, 29244-29247 [E9-14423]
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29244
Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices
Effluents and Solid Waste,’’ was issued
with a temporary identification as Draft
Regulatory Guide, DG–1186. This guide
describes a method that the staff of the
NRC considers acceptable for use in
measuring, evaluating, and reporting
plant-related radioactivity (excluding
background radiation) in effluents and
solid radioactive waste shipments. The
regulatory guide also provides guidance
on determining and reporting the public
dose from nuclear power plant
operations.
This guide incorporates the riskinformed principles of the Reactor
Oversight Process. A risk-informed,
performance-based approach to
regulatory decision-making combines
the ‘‘risk-informed’’ and ‘‘performancebased’’ elements discussed in the staff
requirements memorandum on SECY–
98–144, ‘‘White Paper on Risk-Informed
and Performance-Based Regulation,’’
dated March 1, 1999.
II. Further Information
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In November 2008, DG–1186 was
issued for public comment. The public
comment period closed on January 30,
2009. The staff’s responses to the public
comments received are located in the
NRC’s Agencywide Documents Access
and Management System under
Accession Number ML091170117.
Electronic copies of RG 1.21, Rev. 2 are
available through the NRC’s public Web
site under ‘‘Regulatory Guides’’ at
https://www.nrc.gov/reading-rm/doccollections/.
In addition, regulatory guides are
available for inspection at the NRC’s
Public Document Room (PDR) located at
11555 Rockville Pike, Rockville,
Maryland. The PDR’s mailing address is
USNRC PDR, Washington, DC 20555–
0001. The PDR can also be reached by
telephone at (301) 415–4737 or (800)
397–4205, by fax at (301) 415–3548, and
by e-mail to pdr.resource@nrc.gov.
Regulatory guides are not
copyrighted, and Commission approval
is not required to reproduce them.
Dated at Rockville, MD, this 10th day of
June 2009.
For the Nuclear Regulatory Commission.
R.A. Jervey,
Acting Chief, Regulatory Guide Development
Branch, Division of Engineering, Office of
Nuclear Regulatory Research.
[FR Doc. E9–14422 Filed 6–18–09; 8:45 am]
BILLING CODE 7590–01–P
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NUCLEAR REGULATORY
COMMISSION
[NRC–2008–0096]
Notice of Issuance of Regulatory Guide
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of Issuance and
Availability of Regulatory Guide 4.1,
Revision 2.
FOR FURTHER INFORMATION CONTACT:
Steven Garry, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone (301) 415–2766 or email Steven.Garry@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a revision
to an existing guide in the agency’s
‘‘Regulatory Guide’’ series. This series
was developed to describe and make
available to the public information such
as methods that are acceptable to the
NRC staff for implementing specific
parts of the agency’s regulations,
techniques that the staff uses in
evaluating specific problems or
postulated accidents, and data that the
staff needs in its review of applications
for permits and licenses.
Revision 2 of Regulatory Guide 4.1,
‘‘Radiological Environmental
Monitoring for Nuclear Power Plants,’’
was issued with a temporary
identification as Draft Regulatory Guide,
DG–4013. This guide describes a
method that the staff of the NRC
considers acceptable for use in
establishing and conducting an
environmental monitoring program at
nuclear power plants. The guide
describes programs for preoperational
and operational environmental
monitoring.
II. Further Information
In November 2008, DG–4013 was
published with a public comment
period of 60 days from the issuance of
the guide. The public comment period
closed on January 30, 2009. The staff’s
responses to the comments received are
located in the NRC’s Agencywide
Documents Access and Management
System under accession number
ML091310156. Electronic copies of
Regulatory Guide 4.1, Revision 2 are
available through the NRC’s public Web
site under ‘‘Regulatory Guides’’ at
https://www.nrc.gov/reading-rm/doccollections/.
In addition, regulatory guides are
available for inspection at the NRC’s
Public Document Room (PDR) located at
PO 00000
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Room O–1F21, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852–2738. The PDR’s
mailing address is USNRC PDR,
Washington, DC 20555–0001. The PDR
can also be reached by telephone at
(301) 415–4737 or (800) 397–4209, by
fax at (301) 415–3548, and by e-mail to
pdr.resource@nrc.gov.
Regulatory guides are not
copyrighted, and NRC approval is not
required to reproduce them.
Dated at Rockville, MD, this 12th day of
June 2009.
For the Nuclear Regulatory Commission.
Richard A. Jervey,
Acting Chief, Regulatory Guide Development
Branch, Division of Engineering, Office of
Nuclear Regulatory Research.
[FR Doc. E9–14421 Filed 6–18–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–156; EA–09–141; NRC–
2009–0245]
In the Matter of University of
Wisconsin (University of Wisconsin
Nuclear Reactor); Order Modifying
Facility Operating License No. R–74
I
University of Wisconsin (the licensee)
is the holder of Amended Facility
Operating License No. R–74 (the
license) originally issued on February 4,
1974, by the U.S. Atomic Energy
Commission. The license authorizes
operation of the University of Wisconsin
Nuclear Reactor (the facility) at a power
level up to 1,000 kilowatts thermal and
in the pulse mode, with reactivity
insertions not to exceed 1.4%Dk/k, and
to receive, possess, and use special
nuclear material associated with facility
operation. The facility is a research
reactor located on the campus of the
University of Wisconsin, in the city of
Madison, Dane County, Wisconsin. The
mailing address is Nuclear Reactor
Laboratory, University of Wisconsin—
Madison, 1513 University Avenue,
Room 1215 ME, Madison, WI 53706–
1687.
II
Title 10 of the Code of Federal
Regulations (10 CFR) Section 50.64,
‘‘Limitations on the Use of Highly
Enriched Uranium (HEU) in Domestic
Nonpower Reactors,’’ limits the use of
high-enriched uranium (HEU) fuel in
domestic non-power reactors (research
and test reactors). The regulation, which
became effective on March 27, 1986
(Volume 51 of the Federal Register,
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page 6514 (51 FR 6514)), 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,
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
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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 August 25,
2008, the licensee submitted its
conversion proposal (ADAMS
Accession No. ML090760776), which
was supplemented on April 10, 2009
(ADAMS Accession No. ML091470391),
May 1, 2009 (ADAMS Accession No.
ML091470390), and June 4, 2009
(ADAMS Accession No. ML091610704),
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 LEU fuel consisting of
uranium-zirconium hydride with 30
weight percent uranium. These LEU 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 have
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 contain
an outline of a reactor startup report to
be submitted to the NRC within 6
months following the return of the
converted reactor to normal operation.
IV
Accordingly, pursuant to Sections 51,
53, 57, 101, 104, 161b, 161i, and 161o
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29245
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–74 is
modified by amending the license
conditions, technical specifications, and
emergency plan as stated in the
attachments to this Order (Attachment
1: Modifications to Facility Operating
License No. R–74; Attachment 2:
Modifications to Emergency Plan;
Attachment 3: Outline of Reactor
Startup Report). License Condition 2.B,
allowing possession of LEU fuel,
becomes effective, provided there are no
requests for a hearing, 20 days after the
date of publication of this Order in the
Federal Register. All other changes
become effective, provided there are no
requests for a hearing, 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 August 25, 2008
(ADAMS Accession No. ML090760776),
as supplemented on April 10, 2009
(ADAMS Accession No. ML091470391),
May 1, 2009 (ADAMS Accession No.
ML091470390), and June 4, 2009
(ADAMS Accession No. ML091610704),
or (2) 20 days after the date of
publication of this Order in the Federal
Register.
V
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene, and have the opportunity to
participate fully in the conduct of the
hearing.
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule,
which the NRC promulgated in August
2007, 72 FR 49139 (Aug. 28, 2007). The
E-Filing process requires participants to
submit and serve all adjudicatory
documents over the Internet, or in some
cases to mail copies on electronic
storage media. Participants may not
submit paper copies of their filings
unless they seek an exemption in
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least ten
(10) days prior to the filing deadline, the
petitioner/requestor should contact the
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Federal Register / Vol. 74, No. 117 / Friday, June 19, 2009 / Notices
Office of the Secretary by e-mail at
HEARING.DOCKET@NRC.GOV, or by
calling (301) 415–1677, to request (1) a
digital ID certificate, which allows the
participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and/or (2) creation of an
electronic docket for the proceeding
(even in instances in which the
petitioner/requestor (or its counsel or
representative) already holds an NRCissued digital ID certificate). Each
petitioner/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 is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a petitioner/requestor has
obtained a digital ID certificate, had a
docket created, and downloaded the EIE
viewer, it can then submit a request for
hearing or petition for leave to
intervene. 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 documents
through EIE. To be timely, an electronic
filing 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 documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically using
the agency’s adjudicatory E-filing
system may seek assistance through the
‘‘Contact Us’’ link located on the NRC
Web site at https://www.nrc.gov/site-
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help/e-submittals.html or by calling the
NRC electronic filing help desk, which
is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday,
excluding government holidays. The
toll-free help line number is (866) 672–
7640. A person filing electronically may
also seek assistance by sending an email to the NRC electronic filing help
desk at MSHD.Resource@nrc.gov.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, 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.
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, unless an NRC regulation
or other law requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
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adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
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 that 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,’’
issued 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
1 and ML042430048 for Part 2.
For further information see the
application from the licensee dated
August 25, 2008 (ADAMS Accession
No. ML090760776), as supplemented on
April 10, 2009 (ADAMS Accession No.
ML091470391), May 1, 2009 (ADAMS
Accession No. ML091470390), and June
4, 2009 (ADAMS Accession No.
ML091610704), the NRC staff’s request
for additional information (ADAMS
Accession No. ML090540005), and the
cover letter to the licensee and the
staff’s safety evaluation dated June 11,
2009, (ADAMS Accession No.
ML091390802). These documents are
available for public inspection in the
PDR, located at One White Flint North,
Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville,
MD. 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
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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 11th day of June 2009.
For the Nuclear Regulatory Commission.
James T. Wiggins,
Deputy Director, Office of Nuclear Reactor
Regulation.
Attachment 1—Modifications to Facility
Operating License No. R–74
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A. License Conditions Revised by This Order
1. The license applies to the University of
Wisconsin’s nuclear reactor with the TRIGA
nuclear core and control system (herein ‘‘the
reactor’’) owned by the University of
Wisconsin (herein ‘‘the licensee’’), and
located on the University’s campus in
Madison, Wisconsin, and described in the
licensee’s application for license dated July
13, 1966, and amendments thereto including
the amendment dated June 6, 1973, and
supplements dated August 1, and August 21,
1973, (herein ‘‘the application’’).
2.B. Pursuant to the Act and 10 CFR Part
70, ‘‘Domestic Licensing of Special Nuclear
Material,’’
(1) To receive, possess and use, in
connection with operation of the facility, up
to 15.0 kilograms of contained uranium-235
enriched to less than 20 percent in the form
of TRIGA reactor fuel;
(2) To receive, possess and use, in
connection with operation of the facility, up
to 150 grams of contained uranium-235 of
any enrichment in the form of neutron
detectors;
(3) To receive, possess and use, in
connection with operation of the facility, up
to 16 grams of contained plutonium in the
form of plutonium-beryllium neutron source;
(4) 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
(5) To possess, but not use, up to 18.0
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.
3.B. Technical Specifications
The Technical Specifications contained in
Appendix A, as revised through Amendment
No. 17, are hereby incorporated in the
license. The licensee shall operate the facility
in accordance with the Technical
Specifications.
Attachment 2—Modifications to Emergency
Plan
Replace the following pages of the
University of Wisconsin Nuclear Reactor
Emergency Plan (EP) with the enclosed
pages.
Remove
Insert
EP Page 1 ......................
EP Page 5 ......................
EP Page 1, Rev 6.
EP Page 5, Rev 7.
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Remove
Insert
EP Page 6 ......................
EP Page 7 ......................
EP Page 13 ....................
EP Page 14 ....................
EP Page 15 ....................
EP Page
EP Page
EP Page
7.
EP Page
7.
EP Page
7.
[FR Doc. E9–14423 Filed 6–18–09; 8:45 am]
14, Rev
NUCLEAR REGULATORY
COMMISSION
15, Rev
Within six 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
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any significant differences that could affect
normal operation and accident analyses.
6, Rev 6.
7, Rev 6.
13, Rev
Attachment 3—Outline of Reactor Startup
Report
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BILLING CODE 7590–01–P
[NRC–2009–0246; Docket No. 50–382]
Entergy Operations Inc.; Notice of
Withdrawal of Application for
Amendment to Facility Operating
License
The U.S. Nuclear Regulatory
Commission (the Commission) has
granted the request of Entergy
Operations Inc. (Entergy, the licensee),
to withdraw its September 17, 2008,
application for proposed amendment to
Facility Operating License (FOL) No.
NPF–38 for the Waterford Steam
Electric Station, Unit 3, located in St,
Charles Parish, Louisiana.
The proposed amendment would
have revised FOL to add a license
condition on the extension of the reactor
vessel inservice inspection (ISI) interval.
This proposed license condition is the
result of a condition in the NRC safety
evaluation (SE), issued by letter dated
May 8, 2008, on Westinghouse Owners
Group (WOG), topical report WCAP–
16168–NP, Revision 2, ‘‘Risk-Informed
Extension of the Reactor Vessel InService Inspection Interval.’’ The
Pressurized Water Reactor Owners
Group, formerly known as WOG, issued
WCAP–16168–NP–A (Approved),
Revision 2, on June 13, 2008,
incorporating the NRC SE dated May 8,
2008. The ISI interval extension part of
a relief request is being separately
evaluated by NRC and independent of
this amendment request.
The Commission had previously
issued a Notice of Consideration of
Issuance of Amendment published in
the Federal Register on November 4,
2008 (73 FR 65696). However, by letter
dated June 3, 2009, the licensee
withdrew the proposed change.
For further details with respect to this
action, see the application for
amendment dated September 17, 2008,
and the licensee’s letter dated June 3,
2009, which withdrew the application
for license amendment. Documents may
be examined, and/or copied for a fee, at
the NRC’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 Agencywide Documents Access and
Management System (ADAMS) Public
Electronic Reading Room on the internet
E:\FR\FM\19JNN1.SGM
19JNN1
Agencies
[Federal Register Volume 74, Number 117 (Friday, June 19, 2009)]
[Notices]
[Pages 29244-29247]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14423]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-156; EA-09-141; NRC-2009-0245]
In the Matter of University of Wisconsin (University of Wisconsin
Nuclear Reactor); Order Modifying Facility Operating License No. R-74
I
University of Wisconsin (the licensee) is the holder of Amended
Facility Operating License No. R-74 (the license) originally issued on
February 4, 1974, by the U.S. Atomic Energy Commission. The license
authorizes operation of the University of Wisconsin Nuclear Reactor
(the facility) at a power level up to 1,000 kilowatts thermal and in
the pulse mode, with reactivity insertions not to exceed 1.4%[Delta]k/
k, and to receive, possess, and use special nuclear material associated
with facility operation. The facility is a research reactor located on
the campus of the University of Wisconsin, in the city of Madison, Dane
County, Wisconsin. The mailing address is Nuclear Reactor Laboratory,
University of Wisconsin--Madison, 1513 University Avenue, Room 1215 ME,
Madison, WI 53706-1687.
II
Title 10 of the Code of Federal Regulations (10 CFR) Section 50.64,
``Limitations on the Use of Highly Enriched Uranium (HEU) in Domestic
Nonpower Reactors,'' limits the use of high-enriched uranium (HEU) fuel
in domestic non-power reactors (research and test reactors). The
regulation, which became effective on March 27, 1986 (Volume 51 of the
Federal Register,
[[Page 29245]]
page 6514 (51 FR 6514)), 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, 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 August
25, 2008, the licensee submitted its conversion proposal (ADAMS
Accession No. ML090760776), which was supplemented on April 10, 2009
(ADAMS Accession No. ML091470391), May 1, 2009 (ADAMS Accession No.
ML091470390), and June 4, 2009 (ADAMS Accession No. ML091610704),
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 LEU
fuel consisting of uranium-zirconium hydride with 30 weight percent
uranium. These LEU 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 have
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
contain an outline of a reactor startup report to be submitted to the
NRC within 6 months following the 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-74 is modified by amending the
license conditions, technical specifications, and emergency plan as
stated in the attachments to this Order (Attachment 1: Modifications to
Facility Operating License No. R-74; Attachment 2: Modifications to
Emergency Plan; Attachment 3: Outline of Reactor Startup Report).
License Condition 2.B, allowing possession of LEU fuel, becomes
effective, provided there are no requests for a hearing, 20 days after
the date of publication of this Order in the Federal Register. All
other changes become effective, provided there are no requests for a
hearing, 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 August 25, 2008
(ADAMS Accession No. ML090760776), as supplemented on April 10, 2009
(ADAMS Accession No. ML091470391), May 1, 2009 (ADAMS Accession No.
ML091470390), and June 4, 2009 (ADAMS Accession No. ML091610704), or
(2) 20 days after the date of publication of this Order in the Federal
Register.
V
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule, which the NRC
promulgated in August 2007, 72 FR 49139 (Aug. 28, 2007). The E-Filing
process requires participants to submit and serve all adjudicatory
documents over the Internet, or in some cases to mail copies on
electronic storage media. Participants may not submit paper copies of
their filings unless they seek an exemption in accordance with the
procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the petitioner/requestor
should contact the
[[Page 29246]]
Office of the Secretary by e-mail at HEARING.DOCKET@NRC.GOV, or by
calling (301) 415-1677, to request (1) a digital ID certificate, which
allows the participant (or its counsel or representative) to digitally
sign documents and access the E-Submittal server for any proceeding in
which it is participating; and/or (2) creation of an electronic docket
for the proceeding (even in instances in which the petitioner/requestor
(or its counsel or representative) already holds an NRC-issued digital
ID certificate). Each petitioner/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/site-help/e-submittals/install-viewer.html. Information
about applying for a digital ID certificate is available on NRC's
public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
Once a petitioner/requestor has obtained a digital ID certificate,
had a docket created, and downloaded the EIE viewer, it can then submit
a request for hearing or petition for leave to intervene. 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
documents through EIE. To be timely, an electronic filing 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 documents on those participants separately.
Therefore, applicants and other participants (or their counsel or
representative) must apply for and receive a digital ID certificate
before a hearing request/petition to intervene is filed so that they
can obtain access to the document via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
filing system 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 electronic filing help desk,
which is available between 8 a.m. and 8 p.m., Eastern Time, Monday
through Friday, excluding government holidays. The toll-free help line
number is (866) 672-7640. A person filing electronically may also seek
assistance by sending an e-mail to the NRC electronic filing help desk
at MSHD.Resource@nrc.gov.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, 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.
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, unless an NRC regulation or
other law requires submission of such information. 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.
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 that 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,'' issued 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 1 and ML042430048 for Part 2.
For further information see the application from the licensee dated
August 25, 2008 (ADAMS Accession No. ML090760776), as supplemented on
April 10, 2009 (ADAMS Accession No. ML091470391), May 1, 2009 (ADAMS
Accession No. ML091470390), and June 4, 2009 (ADAMS Accession No.
ML091610704), the NRC staff's request for additional information (ADAMS
Accession No. ML090540005), and the cover letter to the licensee and
the staff's safety evaluation dated June 11, 2009, (ADAMS Accession No.
ML091390802). These documents are available for public inspection in
the PDR, located at One White Flint North, Public File Area O1 F21,
11555 Rockville Pike (first floor), Rockville, MD. 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
[[Page 29247]]
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 11th day of June 2009.
For the Nuclear Regulatory Commission.
James T. Wiggins,
Deputy Director, Office of Nuclear Reactor Regulation.
Attachment 1--Modifications to Facility Operating License No. R-74
A. License Conditions Revised by This Order
1. The license applies to the University of Wisconsin's nuclear
reactor with the TRIGA nuclear core and control system (herein ``the
reactor'') owned by the University of Wisconsin (herein ``the
licensee''), and located on the University's campus in Madison,
Wisconsin, and described in the licensee's application for license
dated July 13, 1966, and amendments thereto including the amendment
dated June 6, 1973, and supplements dated August 1, and August 21,
1973, (herein ``the application'').
2.B. Pursuant to the Act and 10 CFR Part 70, ``Domestic
Licensing of Special Nuclear Material,''
(1) To receive, possess and use, in connection with operation of
the facility, up to 15.0 kilograms of contained uranium-235 enriched
to less than 20 percent in the form of TRIGA reactor fuel;
(2) To receive, possess and use, in connection with operation of
the facility, up to 150 grams of contained uranium-235 of any
enrichment in the form of neutron detectors;
(3) To receive, possess and use, in connection with operation of
the facility, up to 16 grams of contained plutonium in the form of
plutonium-beryllium neutron source;
(4) 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
(5) To possess, but not use, up to 18.0 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.
3.B. Technical Specifications
The Technical Specifications contained in Appendix A, as revised
through Amendment No. 17, are hereby incorporated in the license.
The licensee shall operate the facility in accordance with the
Technical Specifications.
Attachment 2--Modifications to Emergency Plan
Replace the following pages of the University of Wisconsin
Nuclear Reactor Emergency Plan (EP) with the enclosed pages.
------------------------------------------------------------------------
Remove Insert
------------------------------------------------------------------------
EP Page 1............................. EP Page 1, Rev 6.
EP Page 5............................. EP Page 5, Rev 7.
EP Page 6............................. EP Page 6, Rev 6.
EP Page 7............................. EP Page 7, Rev 6.
EP Page 13............................ EP Page 13, Rev 7.
EP Page 14............................ EP Page 14, Rev 7.
EP Page 15............................ EP Page 15, Rev 7.
------------------------------------------------------------------------
Attachment 3--Outline of Reactor Startup Report
Within six 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. E9-14423 Filed 6-18-09; 8:45 am]
BILLING CODE 7590-01-P