National Institute of Standards and Technology; National Bureau of Standards Test Reactor, 69056-69059 [2022-24985]

Download as PDF 69056 Federal Register / Vol. 87, No. 221 / Thursday, November 17, 2022 / Notices request: 74,043 hours (1,557 reporting + 23,989 recordkeeping + 48,497 thirdparty disclosure). 10. Abstract: Part 37 of title 10 of the Code of Federal Regulations (10 CFR), contains security requirements for the use of category 1 and category 2 quantities of radioactive material. Licensees are required to: (1) Develop procedures for the implementation of the security provisions; (2) develop a security plan that describes how security is being implemented; (3) implement security measures for the protection of the radioactive material; (4) conduct training on the procedures and security plan; (5) conduct background investigations for those individuals permitted unescorted access to category 1 or category 2 quantities of radioactive material; (6) coordinate with Local Law Enforcement Agencies (LLEAs) so the LLEAs would be better prepared to respond in an emergency; and (7) conduct coordination activities before shipping category 2 radioactive material, and preplanning and coordination activities before shipping category 1 radioactive material. Licensees are required to promptly report any attempted or actual theft or diversion of the radioactive material. Licensees are required to keep copies of the security plan, procedures, background investigation records, training records, and documentation associated with implementation of the security program. The NRC uses the information required by 10 CFR part 37 to fulfill its responsibilities to respond to, investigate, and correct situations that have the potential to adversely affect public health and safety or the common defense and security. Dated: November 10, 2022. For the Nuclear Regulatory Commission. David C. Cullison, NRC Clearance Officer, Office of the Chief Information Officer. [FR Doc. 2022–24996 Filed 11–16–22; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–184; NRC–2022–0194] lotter on DSK11XQN23PROD with NOTICES1 National Institute of Standards and Technology; National Bureau of Standards Test Reactor I. Obtaining Information and Submitting Comments Nuclear Regulatory Commission. ACTION: License amendment application; opportunity to comment, request a hearing, and petition for leave to intervene. AGENCY: VerDate Sep<11>2014 17:26 Nov 16, 2022 Jkt 259001 The U.S. Nuclear Regulatory Commission (NRC, the Commission) is considering issuance of an amendment to Renewed Facility Operating License No. TR–5, issued to the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), for operation of the National Bureau of Standards test reactor (NBSR). The proposed amendment would revise the NBSR Safety Analysis Report (SAR) to allow reactor operation with the debris that remains in the reactor primary coolant system from the February 3, 2021, fuel damage event and after the subsequent cleaning operations. The proposed amendment would not authorize the restart of the NBSR. DATES: Submit comments by December 19, 2022. Requests for a hearing or petitions for leave to intervene must be filed by January 17, 2023. ADDRESSES: You may submit comments by any of the following methods; however, the NRC encourages electronic comment submission through the Federal rulemaking website: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2022–0194. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301–415–0624; email: Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Office of Administration, Mail Stop: TWFN–7– A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, ATTN: Program Management, Announcements and Editing Staff. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Patrick Boyle, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–3936; email: Patrick.Boyle@nrc.gov. SUPPLEMENTARY INFORMATION: SUMMARY: A. Obtaining Information Please refer to Docket ID NRC–2022– 0194 when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods: PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2022–0194. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301– 415–4737, or by email to PDR.Resource@nrc.gov. The license amendment request dated October 19, 2022, is available in ADAMS under Accession No. ML22293B808. • NRC’s PDR: You may examine and purchase copies of public documents, by appointment, at the NRC’s PDR, Room P1 B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday, except Federal holidays. B. Submitting Comments The NRC encourages electronic comment submission through the Federal rulemaking website (https:// www.regulations.gov). Please include Docket ID NRC–2022–0194 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Introduction The NRC is considering issuance of an amendment to Renewed Facility Operating License No. TR–5, issued to E:\FR\FM\17NON1.SGM 17NON1 Federal Register / Vol. 87, No. 221 / Thursday, November 17, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 NIST, for operation of the NBSR, located in Montgomery County, MD. The proposed license amendment would revise the NBSR SAR to allow reactor operation with the debris that remains in the reactor primary coolant system from the February 3, 2021, fuel damage event and after the subsequent cleaning operations. NIST stated that its calculations determined that the maximum possible quantity of debris in the system was initially 66 grams and that not all of this debris had been removed via the cleaning operations of retrieval and filtering. To operate with the remaining debris in the system, NIST proposed changes to Chapter 5, ‘‘Reactor Coolant Systems,’’ and Chapter 11, ‘‘Radiation Protection and Waste Management,’’ of the SAR. Specifically, Section 5.2.2.4.4 would be added to the SAR to address the impact of the remaining debris on the primary system pumps, valves, piping, heat exchangers, and instrumentation and Section 11.1.1.4.3.1 would be added to the SAR to address the potential impact of small amounts of debris remaining in the reactor on the fission product monitor and other effluent monitors. The proposed license amendment would not authorize the restart of the NBSR. Before any issuance of the proposed license amendment, the NRC will need to make the findings required by the Atomic Energy Act of 1954, as amended (the Act), and NRC’s regulations. The NRC has made a proposed determination that the license amendment request involves no significant hazards consideration. Under the NRC’s regulations in § 50.92 of title 10 of the Code of Federal Regulations (10 CFR), this means that operation of the facility in accordance with the proposed amendment would not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. As required by 10 CFR 50.91(a), the licensee has provided its analysis of the issue of no significant hazards consideration, which is presented below: 1. Does the proposed change involve a significant increase in the probability or consequences of an accident previously evaluated? Response: No. None of the accidents analyzed in the FSAR would be more than minimally affected by the presence of fuel particles in the primary system, as (a) the mass and size of fuel material is too insignificant to cause any reactivity effects in the reactor, cause VerDate Sep<11>2014 17:26 Nov 16, 2022 Jkt 259001 flow blockage effects in the system, or limit mechanical devices (i.e. shim arms) if it were to be dislodged and (b) the presence of this material has no effect on normal operating parameters. Only two accidents analyzed in Chapter 13 of the [SAR] show results of release of radioactivity: the loss of coolant accident (LOCA) and the maximum hypothetical accident (MHA). The presence of fission products in the primary system has no effect on the consequences of any of the other accidents analyzed. The MHA considers melting of an entire 8cycle fuel element. The addition of-at mosta few grams of fuel would be insignificant in comparison. Both the MHA and LOCA accidents result in a total dose of less than 6.5 mrem at the site boundary. By contrast, it is estimated that the presence of the largest piece of remaining fuel material being lodged in the core (which is too large to be carried into the core by normal primary flow velocities) would result in a site boundary dose being at most 0.13 mrem/day, which also conservatively assumes the reactor continues to operate. Thus, there is no more than a minimal increase in the consequences of accidents previously analyzed. Also, once a LOCA occurs it makes no significant difference if the fission products are laid out on the floor of the process room (submerged in the heavily tritiated primary water) or held in the plumbing. The dose effects of the fission products are insignificant compared to the dose effects of the heavy water that is exposed via the LOCA. Calculations have shown that that debris larger than 0.093 [inches] will not be transported into the core with the liquid velocity range present in the NBSR inlet and outlet plena leading to the core. Smaller particles have been largely removed by filtration. Thus, remaining debris in the primary system is unlikely to be dislodged into the core. Therefore, the proposed [SAR] amendment allowing operation with debris in the primary system will not involve a significant increase in the probability or consequences of an accident previously evaluated. 2. Does the proposed change create the possibility of a new or different kind of accident from any accident previously evaluated? Response: No. Because of the limited amount and size of material present in the primary system and the limited primary flow velocity, there is no credible scenario whereby the release of material present in the primary system would cause significant flow blockage, mechanical interference, heating, or reactivity effects. Any introduction of the small amount of material into the core would fall into the realm of (and be easily bounded by) the maximum hypothetical accident, which assumes melting of an entire fuel element. No other changes to reactor parameters or operations are being proposed. The proposed amendment to the SAR will not change the operations, process variables or reactor structures, systems, or components. Therefore, the proposed amendment for operation with small amounts of debris from the February 3, 2021, event will not create PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 69057 the possibility of a new or different kind of accident from any accident previously evaluated. 3. Does the proposed change involve a significant reduction in a margin of safety? Response: No. The proposed license amendment is to modify the NBSR SAR to allow operations with a small amount of debris from the February 3, 2021, incident in the primary system. Calculations have shown that that debris larger than 0.093 [inches] will not be transported into the core with the liquid velocity range present in the NBSR inlet and outlet plena leading to the core. Smaller particles have been largely removed by filtration. Thus, because of the limited amount and size of material present in the primary system and the limited primary flow velocity, there is no credible scenario whereby the release of material present in the primary system would cause significant flow blockage, mechanical interference, heating, or reactivity effects, and is insufficient to cause a significant reduction in any margin of safety. Therefore, the proposed amendment of the SAR in allowing this operation does not involve a significant reduction in a margin of safety. The NRC staff has reviewed the licensee’s analysis and based on this review, it appears that the three standards of 10 CFR 50.92(c) are satisfied. Therefore, the NRC staff proposes to determine that the license amendment request involves a no significant hazards consideration. The NRC is seeking public comments on this proposed determination that the license amendment request involves no significant hazards consideration. Any comments received within 30 days after the date of publication of this notice will be considered in making any final determination. Normally, the Commission will not issue the amendment until the expiration of 60 days after the date of publication of this notice. The Commission may issue the license amendment before expiration of the 60day notice period if the Commission concludes the amendment involves no significant hazards consideration. In addition, the Commission may issue the amendment prior to the expiration of the 30-day comment period if circumstances change during the 30-day comment period such that failure to act in a timely way would result, for example, in prevention of resumption of reactor operation. If the Commission takes action prior to the expiration of either the comment period or the notice period, it will publish in the Federal Register a notice of issuance. If the Commission makes a final no significant hazards consideration determination, any hearing will take place after issuance. The Commission expects that E:\FR\FM\17NON1.SGM 17NON1 69058 Federal Register / Vol. 87, No. 221 / Thursday, November 17, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 the need to take this action will occur very infrequently. III. Opportunity To Request a Hearing and Petition for Leave To Intervene Within 60 days after the date of publication of this notice, any person (petitioner) whose interest may be affected by this action may file a request for a hearing and petition for leave to intervene (petition) with respect to the action. Petitions shall be filed in accordance with the Commission’s ‘‘Agency Rules of Practice and Procedure’’ in 10 CFR part 2. Interested persons should consult 10 CFR 2.309. If a petition is filed, the presiding officer will rule on the petition and, if appropriate, a notice of a hearing will be issued. Petitions must be filed no later than 60 days from the date of publication of this notice in accordance with the filing instructions in the ‘‘Electronic Submissions (E-Filing)’’ section of this document. Petitions and motions for leave to file new or amended contentions that are filed after the deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii). If a hearing is requested and the Commission has not made a final determination on the issue of no significant hazards consideration, the Commission will make a final determination on the issue of no significant hazards consideration, which will serve to establish when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, then any hearing held would take place before the issuance of the amendment unless the Commission finds an imminent danger to the health or safety of the public, in which case it will issue an appropriate order or rule under 10 CFR part 2. A State, local governmental body, Federally recognized Indian Tribe, or designated agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h) no later than 60 days from the date of publication of this notice. Alternatively, a State, local governmental body, Federally recognized Indian Tribe, or agency VerDate Sep<11>2014 17:26 Nov 16, 2022 Jkt 259001 thereof may participate as a non-party under 10 CFR 2.315(c). For information about filing a petition and about participation by a person not a party under 10 CFR 2.315, see ADAMS Accession No. ML20340A053 (https:// adamswebsearch2.nrc.gov/webSearch2/ main.jsp?AccessionNumber= ML20340A053) and on the NRC’s public website at https://www.nrc.gov/aboutnrc/regulatory/adjudicatory/ hearing.html#participate. IV. Electronic Submissions (E-Filing) All documents filed in NRC adjudicatory proceedings including documents filed by an interested State, local governmental body, Federally recognized Indian Tribe, or designated agency thereof that requests to participate under 10 CFR 2.315(c), must be filed in accordance with 10 CFR 2.302. 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, unless an exemption permitting an alternative filing method, as further discussed, is granted. Detailed guidance on electronic submissions is located in the ‘‘Guidance for Electronic Submissions to the NRC’’ (ADAMS Accession No. ML13031A056) and on the NRC’s public website at https://www.nrc.gov/site-help/esubmittals.html. To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at Hearing.Docket@nrc.gov, or by telephone at 301–415–1677, to (1) request a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign submissions and access the E-Filing system for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document (even in instances in which the participant, or its counsel or representative, already holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the proceeding if the Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on the NRC’s public website at https:// www.nrc.gov/site-help/e-submittals/ getting-started.html. After a digital ID certificate is obtained and a docket created, the participant must submit adjudicatory documents in Portable Document Format. Guidance on PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 submissions is available on the NRC’s public website at https://www.nrc.gov/ site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the document is submitted through the NRC’s E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. ET on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email confirming receipt of the document. The E-Filing system also distributes an email that provides access to the document to the NRC’s 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, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed to obtain access to the documents via the E-Filing system. A person filing electronically using the NRC’s adjudicatory E-Filing system may seek assistance by contacting the NRC’s Electronic Filing Help Desk through the ‘‘Contact Us’’ link located on the NRC’s public website at https:// www.nrc.gov/site-help/esubmittals.html, by email to MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC Electronic Filing Help Desk is available between 9:00 a.m. and 6:00 p.m., ET, Monday through Friday, except Federal holidays. Participants who believe that they have 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 stating why there is good cause for not filing electronically and requesting authorization to continue to submit documents in paper format. Such filings must be submitted in accordance with 10 CFR 2.302(b)–(d). Participants filing adjudicatory documents in this manner are responsible for serving their documents on all other participants. Participants granted an exemption under 10 CFR 2.302(g)(2) must still meet the electronic formatting requirement in 10 CFR 2.302(g)(1), unless the participant also seeks and is granted an exemption from 10 CFR 2.302(g)(1). Documents submitted in adjudicatory proceedings will appear in the NRC’s electronic hearing docket, which is publicly available at https:// adams.nrc.gov/ehd, unless excluded pursuant to an order of the presiding officer. If you do not have an NRCissued digital ID certificate as E:\FR\FM\17NON1.SGM 17NON1 Federal Register / Vol. 87, No. 221 / Thursday, November 17, 2022 / Notices previously described, click ‘‘cancel’’ when the link requests certificates and you will be automatically directed to the NRC’s electronic hearing dockets where you will be able to access any publicly available documents in a particular hearing docket. Participants are requested not to include personal privacy information such as social security numbers, home addresses, or personal 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 should not include copyrighted materials in their submission. For further details with respect to this action, see the application for license amendment dated October 19, 2022. Attorney for licensee: Henry N. Wixon, Chief of Counsel, National Institute of Standards and Technology, 100 Bureau Drive, Stop 1052, Gaithersburg, MD 20899–1052. NRC Branch Chief: Joshua Borromeo. Dated: November 10, 2022. For the Nuclear Regulatory Commission. Patrick Boyle, Project Manager, Non-Power Production and Utilization Facility Licensing Branch, Division of Advanced Reactors and Non-Power Production and Utilization Facilities, Office of Nuclear Reactor Regulation. [FR Doc. 2022–24985 Filed 11–16–22; 8:45 am] BILLING CODE 7590–01–P OFFICE OF SCIENCE AND TECHNOLOGY POLICY Request for Information; Sustainability of Microgravity R&D During and Beyond ISS Transition Office of Science and Technology Policy (OSTP). ACTION: Notice of Request for Information. AGENCY: The White House Office of Science and Technology Policy (OSTP) requests input to help inform the development of a National Strategy for Microgravity Research and Development (R&D) to ensure sustainability of spacebased research during and beyond microgravity platform transition—from the International Space Station (ISS) to future commercial platforms. This particular request seeks information regarding the future vision of a robust research ecosystem in low-earth orbit (LEO) and the role of the U.S. government in enabling that future. lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:26 Nov 16, 2022 Jkt 259001 Interested persons and organizations are invited to submit comments on or before 5:00 p.m. ET, December 2, 2022 to be considered. ADDRESSES: Due to time constraints, mailed paper submissions will not be accepted, and electronic submissions received after the deadline may not be taken into consideration. You may submit comments by email: • Email: microgravity@ostp.eop.gov, include Microgravity RFI in the subject line of the message. Instructions: Response to this RFI is voluntary. Email submissions should be machine-readable [PDF, Word] and should not be copy-protected. Respondents need not reply to all questions listed. Each individual or institution is requested to submit only one response, in English. Electronic responses must be provided as attachments to an email. It is recommended that attachments with file sizes exceeding 25MB be compressed (i.e., zipped) to ensure message delivery. Please identify your answers by responding to a specific question or topic if possible. Respondents may answer as many or as few questions as they wish. Comments of seven pages or fewer (2,500 words) are requested; longer responses will not be considered. Responses should include the name of the person(s) or organization(s) filing the response. Information obtained from this RFI may be used by the Government on a non-attribution basis for planning and strategy development. OSTP will not respond to individual submissions. A response to this RFI will not be viewed as a binding commitment to develop or pursue the project or ideas discussed. This RFI is not accepting applications for financial assistance or financial incentives. Responses containing references, studies, research, and other empirical data that are not widely published should include copies of or electronic links to the referenced materials. Responses containing profanity, vulgarity, threats, or other inappropriate language or content will not be considered. Comments submitted in response to this notice are subject to the Freedom of Information Act (FOIA). Responses to this RFI may be posted without change online. OSTP therefore requests that no proprietary information, copyrighted information, or personally identifiable information be submitted in response to this RFI. Please note that the United States Government will not pay for response preparation, or for the use of any information contained in a response. DATES: PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 69059 FOR FURTHER INFORMATION CONTACT: Ezinne Uzo-Okoro; tel: 202–456–4444. Pursuant to 42 U.S.C. 6617, OSTP is soliciting public input through an RFI to obtain feedback from a wide variety of stakeholders, including individuals, industry, academia, research laboratories, nonprofits, and think tanks. OSTP is specifically interested in public input to inform the development and release of a national strategy to ensure sustainability of space-based research in the decades to come. For the purpose of this RFI, microgravity R&D refers to any research or experimental development activities in LEO that leverage the unique environment of space, including altered gravity, thermal extremes, radiation, micrometeoroids, and the vacuum environment. OSTP seeks response to any or all of the following questions: 1. What should be the United States’ vision for the future of microgravity research? 2. What should be the long-term microgravity research goals for U.S. presence in LEO? 3. What are the top critical research, development, or operational needs required to ensure a smooth transition between the International Space Station and future commercial LEO microgravity platforms and realize the ideal future of microgravity research? 4. What would be the most effective role of the U.S. government to ensure sustained LEO microgravity R&D following the retirement of the ISS? 5. Should the U.S. government continue to sponsor a national lab in LEO after ISS transition? If so, what would be the best model(s) for a LEO national lab? SUPPLEMENTARY INFORMATION: Dated: November 10, 2022. Rachel Wallace, Deputy General Counsel. [FR Doc. 2022–24999 Filed 11–16–22; 8:45 am] BILLING CODE 3270–F1–P SMALL BUSINESS ADMINISTRATION [Disaster Declaration #17644 and #17645; Florida Disaster Number FL–00178] Presidential Declaration Amendment of a Major Disaster for the State of Florida U.S. Small Business Administration. ACTION: Amendment 7. AGENCY: This is an amendment of the Presidential declaration of a major disaster for the State of Florida (FEMA– 4673–DR), dated 09/29/2022. Incident: Hurricane Ian. SUMMARY: E:\FR\FM\17NON1.SGM 17NON1

Agencies

[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Notices]
[Pages 69056-69059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24985]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-184; NRC-2022-0194]


National Institute of Standards and Technology; National Bureau 
of Standards Test Reactor

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to comment, request 
a hearing, and petition for leave to intervene.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, the Commission) 
is considering issuance of an amendment to Renewed Facility Operating 
License No. TR-5, issued to the U.S. Department of Commerce, National 
Institute of Standards and Technology (NIST), for operation of the 
National Bureau of Standards test reactor (NBSR). The proposed 
amendment would revise the NBSR Safety Analysis Report (SAR) to allow 
reactor operation with the debris that remains in the reactor primary 
coolant system from the February 3, 2021, fuel damage event and after 
the subsequent cleaning operations. The proposed amendment would not 
authorize the restart of the NBSR.

DATES: Submit comments by December 19, 2022. Requests for a hearing or 
petitions for leave to intervene must be filed by January 17, 2023.

ADDRESSES: You may submit comments by any of the following methods; 
however, the NRC encourages electronic comment submission through the 
Federal rulemaking website:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0194. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical 
questions, contact the individual listed in the For Further Information 
Contact section of this document.
     Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Patrick Boyle, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-3936; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2022-0194 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0194.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. The license amendment request dated 
October 19, 2022, is available in ADAMS under Accession No. 
ML22293B808.
     NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 
8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday, 
except Federal holidays.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2022-0194 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Introduction

    The NRC is considering issuance of an amendment to Renewed Facility 
Operating License No. TR-5, issued to

[[Page 69057]]

NIST, for operation of the NBSR, located in Montgomery County, MD.
    The proposed license amendment would revise the NBSR SAR to allow 
reactor operation with the debris that remains in the reactor primary 
coolant system from the February 3, 2021, fuel damage event and after 
the subsequent cleaning operations. NIST stated that its calculations 
determined that the maximum possible quantity of debris in the system 
was initially 66 grams and that not all of this debris had been removed 
via the cleaning operations of retrieval and filtering. To operate with 
the remaining debris in the system, NIST proposed changes to Chapter 5, 
``Reactor Coolant Systems,'' and Chapter 11, ``Radiation Protection and 
Waste Management,'' of the SAR. Specifically, Section 5.2.2.4.4 would 
be added to the SAR to address the impact of the remaining debris on 
the primary system pumps, valves, piping, heat exchangers, and 
instrumentation and Section 11.1.1.4.3.1 would be added to the SAR to 
address the potential impact of small amounts of debris remaining in 
the reactor on the fission product monitor and other effluent monitors. 
The proposed license amendment would not authorize the restart of the 
NBSR.
    Before any issuance of the proposed license amendment, the NRC will 
need to make the findings required by the Atomic Energy Act of 1954, as 
amended (the Act), and NRC's regulations.
    The NRC has made a proposed determination that the license 
amendment request involves no significant hazards consideration. Under 
the NRC's regulations in Sec.  50.92 of title 10 of the Code of Federal 
Regulations (10 CFR), this means that operation of the facility in 
accordance with the proposed amendment would not (1) involve a 
significant increase in the probability or consequences of an accident 
previously evaluated; or (2) create the possibility of a new or 
different kind of accident from any accident previously evaluated; or 
(3) involve a significant reduction in a margin of safety. As required 
by 10 CFR 50.91(a), the licensee has provided its analysis of the issue 
of no significant hazards consideration, which is presented below:

    1. Does the proposed change involve a significant increase in 
the probability or consequences of an accident previously evaluated?
    Response: No.
    None of the accidents analyzed in the FSAR would be more than 
minimally affected by the presence of fuel particles in the primary 
system, as (a) the mass and size of fuel material is too 
insignificant to cause any reactivity effects in the reactor, cause 
flow blockage effects in the system, or limit mechanical devices 
(i.e. shim arms) if it were to be dislodged and (b) the presence of 
this material has no effect on normal operating parameters. Only two 
accidents analyzed in Chapter 13 of the [SAR] show results of 
release of radioactivity: the loss of coolant accident (LOCA) and 
the maximum hypothetical accident (MHA). The presence of fission 
products in the primary system has no effect on the consequences of 
any of the other accidents analyzed.
    The MHA considers melting of an entire 8-cycle fuel element. The 
addition of-at most-a few grams of fuel would be insignificant in 
comparison. Both the MHA and LOCA accidents result in a total dose 
of less than 6.5 mrem at the site boundary. By contrast, it is 
estimated that the presence of the largest piece of remaining fuel 
material being lodged in the core (which is too large to be carried 
into the core by normal primary flow velocities) would result in a 
site boundary dose being at most 0.13 mrem/day, which also 
conservatively assumes the reactor continues to operate. Thus, there 
is no more than a minimal increase in the consequences of accidents 
previously analyzed.
    Also, once a LOCA occurs it makes no significant difference if 
the fission products are laid out on the floor of the process room 
(submerged in the heavily tritiated primary water) or held in the 
plumbing. The dose effects of the fission products are insignificant 
compared to the dose effects of the heavy water that is exposed via 
the LOCA.
    Calculations have shown that that debris larger than 0.093 
[inches] will not be transported into the core with the liquid 
velocity range present in the NBSR inlet and outlet plena leading to 
the core. Smaller particles have been largely removed by filtration. 
Thus, remaining debris in the primary system is unlikely to be 
dislodged into the core.
    Therefore, the proposed [SAR] amendment allowing operation with 
debris in the primary system will not involve a significant increase 
in the probability or consequences of an accident previously 
evaluated.
    2. Does the proposed change create the possibility of a new or 
different kind of accident from any accident previously evaluated?
    Response: No.
    Because of the limited amount and size of material present in 
the primary system and the limited primary flow velocity, there is 
no credible scenario whereby the release of material present in the 
primary system would cause significant flow blockage, mechanical 
interference, heating, or reactivity effects. Any introduction of 
the small amount of material into the core would fall into the realm 
of (and be easily bounded by) the maximum hypothetical accident, 
which assumes melting of an entire fuel element. No other changes to 
reactor parameters or operations are being proposed. The proposed 
amendment to the SAR will not change the operations, process 
variables or reactor structures, systems, or components.
    Therefore, the proposed amendment for operation with small 
amounts of debris from the February 3, 2021, event will not create 
the possibility of a new or different kind of accident from any 
accident previously evaluated.
    3. Does the proposed change involve a significant reduction in a 
margin of safety?
    Response: No.
    The proposed license amendment is to modify the NBSR SAR to 
allow operations with a small amount of debris from the February 3, 
2021, incident in the primary system. Calculations have shown that 
that debris larger than 0.093 [inches] will not be transported into 
the core with the liquid velocity range present in the NBSR inlet 
and outlet plena leading to the core. Smaller particles have been 
largely removed by filtration. Thus, because of the limited amount 
and size of material present in the primary system and the limited 
primary flow velocity, there is no credible scenario whereby the 
release of material present in the primary system would cause 
significant flow blockage, mechanical interference, heating, or 
reactivity effects, and is insufficient to cause a significant 
reduction in any margin of safety. Therefore, the proposed amendment 
of the SAR in allowing this operation does not involve a significant 
reduction in a margin of safety.

    The NRC staff has reviewed the licensee's analysis and based on 
this review, it appears that the three standards of 10 CFR 50.92(c) are 
satisfied. Therefore, the NRC staff proposes to determine that the 
license amendment request involves a no significant hazards 
consideration.
    The NRC is seeking public comments on this proposed determination 
that the license amendment request involves no significant hazards 
consideration. Any comments received within 30 days after the date of 
publication of this notice will be considered in making any final 
determination.
    Normally, the Commission will not issue the amendment until the 
expiration of 60 days after the date of publication of this notice. The 
Commission may issue the license amendment before expiration of the 60-
day notice period if the Commission concludes the amendment involves no 
significant hazards consideration. In addition, the Commission may 
issue the amendment prior to the expiration of the 30-day comment 
period if circumstances change during the 30-day comment period such 
that failure to act in a timely way would result, for example, in 
prevention of resumption of reactor operation. If the Commission takes 
action prior to the expiration of either the comment period or the 
notice period, it will publish in the Federal Register a notice of 
issuance. If the Commission makes a final no significant hazards 
consideration determination, any hearing will take place after 
issuance. The Commission expects that

[[Page 69058]]

the need to take this action will occur very infrequently.

III. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
person (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR 
2.309. If a petition is filed, the presiding officer will rule on the 
petition and, if appropriate, a notice of a hearing will be issued.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice in accordance with the filing instructions 
in the ``Electronic Submissions (E-Filing)'' section of this document. 
Petitions and motions for leave to file new or amended contentions that 
are filed after the deadline will not be entertained absent a 
determination by the presiding officer that the filing demonstrates 
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) 
through (iii).
    If a hearing is requested and the Commission has not made a final 
determination on the issue of no significant hazards consideration, the 
Commission will make a final determination on the issue of no 
significant hazards consideration, which will serve to establish when 
the hearing is held. If the final determination is that the amendment 
request involves no significant hazards consideration, the Commission 
may issue the amendment and make it immediately effective, 
notwithstanding the request for a hearing. Any hearing would take place 
after issuance of the amendment. If the final determination is that the 
amendment request involves a significant hazards consideration, then 
any hearing held would take place before the issuance of the amendment 
unless the Commission finds an imminent danger to the health or safety 
of the public, in which case it will issue an appropriate order or rule 
under 10 CFR part 2.
    A State, local governmental body, Federally recognized Indian 
Tribe, or designated agency thereof, may submit a petition to the 
Commission to participate as a party under 10 CFR 2.309(h) no later 
than 60 days from the date of publication of this notice. 
Alternatively, a State, local governmental body, Federally recognized 
Indian Tribe, or agency thereof may participate as a non-party under 10 
CFR 2.315(c).
    For information about filing a petition and about participation by 
a person not a party under 10 CFR 2.315, see ADAMS Accession No. 
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website 
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings including 
documents filed by an interested State, local governmental body, 
Federally recognized Indian Tribe, or designated agency thereof that 
requests to participate under 10 CFR 2.315(c), must be filed in 
accordance with 10 CFR 2.302. 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, 
unless an exemption permitting an alternative filing method, as further 
discussed, is granted. Detailed guidance on electronic submissions is 
located in the ``Guidance for Electronic Submissions to the NRC'' 
(ADAMS Accession No. ML13031A056) and on the NRC's public website at 
https://www.nrc.gov/site-help/e-submittals.html.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is 
obtained and a docket created, the participant must submit adjudicatory 
documents in Portable Document Format. Guidance on submissions is 
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. ET on the due date. Upon receipt of a 
transmission, the E-Filing system time-stamps the document and sends 
the submitter an email confirming receipt of the document. The E-Filing 
system also distributes an email that provides access to the document 
to the NRC's 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, applicants and other participants 
(or their counsel or representative) must apply for and receive a 
digital ID certificate before adjudicatory documents are filed to 
obtain access to the documents via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at https://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9:00 
a.m. and 6:00 p.m., ET, Monday through Friday, except Federal holidays.
    Participants who believe that they have 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 
stating why there is good cause for not filing electronically and 
requesting authorization to continue to submit documents in paper 
format. Such filings must be submitted in accordance with 10 CFR 
2.302(b)-(d). Participants filing adjudicatory documents in this manner 
are responsible for serving their documents on all other participants. 
Participants granted an exemption under 10 CFR 2.302(g)(2) must still 
meet the electronic formatting requirement in 10 CFR 2.302(g)(1), 
unless the participant also seeks and is granted an exemption from 10 
CFR 2.302(g)(1).
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
presiding officer. If you do not have an NRC-issued digital ID 
certificate as

[[Page 69059]]

previously described, click ``cancel'' when the link requests 
certificates and you will be automatically directed to the NRC's 
electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information 
such as social security numbers, home addresses, or personal 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 
should not include copyrighted materials in their submission.
    For further details with respect to this action, see the 
application for license amendment dated October 19, 2022.
    Attorney for licensee: Henry N. Wixon, Chief of Counsel, National 
Institute of Standards and Technology, 100 Bureau Drive, Stop 1052, 
Gaithersburg, MD 20899-1052.
    NRC Branch Chief: Joshua Borromeo.

    Dated: November 10, 2022.

    For the Nuclear Regulatory Commission.
Patrick Boyle,
Project Manager, Non-Power Production and Utilization Facility 
Licensing Branch, Division of Advanced Reactors and Non-Power 
Production and Utilization Facilities, Office of Nuclear Reactor 
Regulation.
[FR Doc. 2022-24985 Filed 11-16-22; 8:45 am]
BILLING CODE 7590-01-P


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