[Federal Register Volume 60, Number 120 (Thursday, June 22, 1995)]
[Notices]
[Pages 32516-32518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15293]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-160]


Georgia Institute of Technology, (Georgia Tech Research Reactor); 
Order Modifying Facility Operating License No. R-97

I

    The Georgia Institute of Technology (Georgia Tech or the licensee) 
is the holder of Facility Operating License No. R-97 (the license) 
issued on December 29, 1964, by the U.S. Atomic Energy Commission. The 
license, as amended on June 6, 1974 (Amendment No. 1) and by subsequent 
amendments, authorizes operation of the Georgia Tech Research Reactor 
(GTRR or the facility) at steady-state power levels up to 5 megawatts 
thermal (MWt). The research reactor is located in the Neely Nuclear 
Research Center, in the north central portion of the Georgia Tech 
campus in Atlanta, Georgia.

II

    On February 25, 1986, the U.S. Nuclear Regulatory Commission (NRC 
or the Commission) promulgated a final rule in Sec. 50.64 of Title 10 
of the Code of Federal Regulations (10 CFR 50.64) limiting the use of 
high-enriched uranium (HEU) fuel in domestic research and test reactors 
(non-power reactors) (see 51 FR 6514). The rule, which became effective 
on March 27, 1986, requires that each licensee of a non-power reactor 
(NPR) replace its HEU fuel with low-enriched uranium (LEU) fuel 
acceptable to the Commission. This replacement is contingent upon 
Federal Government funding for conversion-related costs, and is 
required unless the Commission has determined that the reactor has a 
unique purpose as defined in 10 CFR 50.2. The rule is intended to 
promote the common defense and security by reducing the risk of theft 
or diversion of HEU fuel used in non-power reactors and the 
consequences to public health, safety and the environment from such 
potential theft or diversion.
    Sections 50.64(b)(2)(i) and (ii) require that a licensee of an NPR 
(1) not initiate acquisition of additional HEU fuel, if LEU fuel that 
is acceptable to the Commission for that reactor is available when the 
licensee proposes that acquisition, 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).
    Section 50.64(c)(2)(i) requires, among other things, that each 
licensee of an NPR authorized to possess and to use HEU fuel, develop 
and submit to the Director of the Office of Nuclear Reactor Regulation 
(Director, NRR) by March 27, 1987, and at 12-month intervals 
thereafter, a written proposal for conforming to the requirements of 
the rule.
    Section 50.64(c)(2)(i) also requires the licensee to have the 
following in its proposal: (1) A certification that Federal Government 
funding for conversion is available through the U.S. Department of 
Energy (DOE) or another appropriate Federal agency and (2) 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 [[Page 32517]] the availability of shipping 
casks, implementation of arrangements for available financial support, 
and reactor usage.
    Section 50.64(c)(2)(iii) requires the licensee to include in its 
proposal, to the extent required to effect conversion, all necessary 
changes to the license, facility, or procedures. This paragraph also 
requires the licensee to submit supporting safety analyses so as to 
comply with the schedule established for conversion.
    Section 50.64(c)(2)(iii) also requires the Director, NRR, to review 
the licensee proposal, to confirm the status of Federal Government 
funding for conversion, and to determine a final schedule if the 
licensee has submitted a schedule for conversion.
    Section 50.64(c)(3) requires the Director, NRR, to review the 
supporting safety analyses and to issue an appropriate Enforcement 
Order directing both the conversion and, to the extent consistent with 
protection of the public health and safety, any necessary changes to 
the license, facility, or procedures. In the Federal Register notice of 
the final rule, the Commission indicated that in most cases, if not 
all, an Enforcement Order would be issued to modify the license.
    Section 2.202, the current authority for issuing Orders of all 
types, including Orders to modify licenses, provides, among other 
things, that the Commission may modify a license by serving an Order on 
the licensee. The licensee or other person adversely affected by the 
Order may demand a hearing with respect to any part or all of the Order 
within 20 days from the date of the notice or such other period as the 
notice may provide.

III

    On January 21, 1993, as supplemented on March 2, March 21, and July 
15, 1994, the licensee submitted a proposal to convert from the use of 
HEU to the use of LEU. This proposal contained descriptions of the 
modifications, supporting safety analyses, and plans for conversion. 
The conversion consists of replacing HEU with LEU fuel elements. The 
LEU fuel elements contain material test reactor (MTR)-type fuel plates, 
with the fuel consisting of uranium silicide dispersed in an aluminum 
matrix and completely clad in aluminum alloy. These plates contain an 
enrichment of less than 20 percent uranium-235.
    The NRC staff has reviewed the licensee's proposal for conversion 
to LEU fuel and the requirements of 10 CFR 50.64 and has determined 
that the public health and safety and the common defense and security 
support a conversion of the facility from the use of HEU to LEU fuel in 
accordance with the attachment to this Order and the schedule 
requirements that follow. The attachment to this Order specifies the 
changes to the license and Technical Specifications that are needed to 
implement the requirements of this Order.

IV

    Accordingly, pursuant to Sections 51, 53, 57, 101, 104, 161b, 161i, 
and 161o of the Atomic Energy Act of 1954, as amended, and Commission 
regulations in 10 CFR 2.202 and 10 CFR 50.64, it is hereby ordered 
that:
    Facility Operating License No. R-97 be modified as stated in the 
``ATTACHMENT TO ORDER MODIFYING FACILITY OPERATING LICENSE NO. R-97'' 
by adding License Conditions 2.B(4) and 2.C(4) on the thirtieth day 
after the date of publication of this Order in the Federal Register and 
by revising the License Conditions 2.B(2) and 2.C(2) and Technical 
Specifications on the day the licensee receives an adequate number and 
type of LEU fuel elements that are necessary to operate the facility as 
specified in the licensee's proposal as supplemented.
V

    In accordance with 10 CFR 2.202, the licensee or any other person 
adversely affected by this Order may submit an answer to this Order, 
and may request a hearing on this Order within 20 days of the date of 
this Order. The answer may consent to this Order. Unless the answer 
consents to this Order, the answer shall, in writing and under oath or 
affirmation, set forth the matters of fact and law on which the 
licensee or other person adversely affected relies and the reasons as 
to why the Order should not have been issued. Any request for a hearing 
shall be submitted to the Secretary, U.S. Nuclear Regulatory 
Commission, ATTN: Chief, Docketing and Service Section, Washington, DC 
20555. Copies also shall be sent to the Director, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, to the Assistant General Counsel for Hearings and 
Enforcement at the same address, and to the licensee if the hearing 
request is by a person other than the licensee. If a person other than 
the licensee requests a hearing, that person shall set forth with 
particularity the manner in which the person's interest is adversely 
affected by this Order and shall address the criteria set forth in 10 
CFR 2.714(d).
    If a hearing is requested by the licensee or by a person whose 
interest is adversely affected, the Commission will issue an Order 
designating the time and place of any hearing. If a hearing is held, 
the issue to be considered at that hearing is whether this Order should 
be sustained.
    In the absence of any request for a hearing, the provisions 
specified in this Order shall be effective and final 20 days from the 
date of this Order without further order or proceedings.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Md., this 16th day of June 1995.
Frank J. Miraglia,
Acting Director, Office of Nuclear Reactor Regulation.

Attachment To Order--Modifying Facility Operating License No. R-97

A. License Conditions Revised and Added by This Order
    2.B(2) Pursuant to the Act and 10 CFR Part 70, ``Domestic Licensing 
of Special Nuclear Material,'' to possess, but not use, up to 4.9 
kilograms of contained uranium-235 at enrichments greater than 20 
percent in the form of MTR-type reactor fuel until the existing 
inventory of this fuel is removed from the facility.
    2.B(4) Pursuant to the Act and 10 CFR Part 70, ``Domestic Licensing 
of Special Nuclear Material,'' to receive, possess, and use at any one 
time in connection with the operation of the reactor up to 8.85 
kilograms of contained uranium-235 at enrichments less than 20 percent 
in the form of MTR-type reactor fuel.
    2.C(2) Technical Specifications
    The Technical Specifications contained in Appendix A, as revised 
through the Order Modifying Facility Operating License No. R-97, dated 
June 16, 1995, and Amendment No. 10 are hereby incorporated in the 
license. The licensee shall operate the facility in accordance with the 
Technical Specifications.
    2.C(4) Startup Test Report
    The licensee shall submit a startup test report within six months 
after achieving initial criticality with low-enriched uranium reactor 
fuel in accordance with the Order Modifying Facility Operating License 
No. R-97, dated June 16, 1995. This report shall be sent as specified 
in 10 CFR 50.4, ``Written Communications.''
    B. The Technical Specifications will be revised by this Order in 
accordance with the Enclosure to the Order Modifying Facility Operating 
License No. R-97, dated June 16, 1995, Docket [[Page 32518]] No. 50-
160, and as discussed in the safety evaluation for this Order.

[FR Doc. 95-15293 Filed 6-21-95; 8:45 am]
BILLING CODE 7590-01-M