[Federal Register Volume 62, Number 56 (Monday, March 24, 1997)]
[Notices]
[Pages 13904-13905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7338]


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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-72]


University of Utah (University of Utah AGN-201 Research Reactor); 
Exemption

I

    The University of Utah (the licensee) is the holder of Facility 
Operating License Nos. R-25 and R-126, which authorize operation of the 
University of Utah AGN-201 Research Reactor (AGN-201) and the 
University of Utah TRIGA Research Reactor (TRIGA). The licenses 
provide, among other things, that the licensee is subject to all rules, 
regulations, and orders of the Commission now or hereafter in effect. 
The reactors are located in the Reactor Room in the Merrill Engineering 
Building on the campus of the University of Utah in Salt Lake City, 
Salt Lake County, Utah.

II

    By application dated July 17, 1990, as supplemented on July 18, 
1990, and June 12, 1991, the licensee requested from the U.S. Nuclear 
Regulatory Commission (NRC or the Commission) authorization to 
dismantle and dispose of the component parts of the AGN-201. The letter 
of July 17, 1990, contained a request that upon successful completion 
of decommissioning, authorization be given for termination of Amended 
Facility Operating License No. R-25. By Order dated August 1, 1991 (56 
FR 37733), the Commission authorized dismantling of the AGN-201 and 
disposition of component parts as proposed in the decommissioning plan 
of the licensee. By letter dated April 13, 1994, as supplemented on 
March 17 and 22, 1995, and February 6, 1996, the licensee submitted ``A 
Summary of the Decommissioning Process of the University of Utah AGN-
201M Reactor No. 107.'' As discussed in the University of Utah's 
decommissioning plan and letter of March 22, 1995, the site where the 
AGN-201 is housed is also under the license of the TRIGA and is a 
restricted environment.
    As part of the license termination process, the NRC has decided to 
grant upon its own initiative a specific exemption in accordance with 
Title 10 of the Code of Federal Regulations, Sec. 50.12 (10 CFR 50.12), 
to part of the requirements of 10 CFR 50.82(b)(6)(ii). The part of the 
regulation for which the staff is granting an exemption requires, as a 
condition of license termination, that a terminal radiation survey and 
associated documentation demonstrates that the site is suitable for 
release. The University of Utah operates the TRIGA (Docket No. 50-407, 
Facility Operating License No. R-126) in the same room (Reactor Room in 
the Merrill Engineering Building) where the AGN-201 is located. The 
Reactor Room will remain subject to the TRIGA license after termination 
of the AGN-201 license, and, therefore, a terminal survey of the site 
is not necessary for termination of the AGN-201 license. All that 
remains of the AGN-201 are reactor components that are to be released 
for unrestricted use. The Reactor Room will be considered for release 
in the future when the University of Utah requests termination of the 
TRIGA license.

III

    Pursuant to 10 CFR 50.12, the Commission may, upon application by 
any interested person or upon its own initiative, grant exemptions from 
the requirements of 10 CFR Part 50 when (1) the exemptions are 
authorized by law, will not present an undue risk to public health or 
safety, and are consistent with the common defense and security and (2) 
when special circumstances are present. Special circumstances are 
present, according to 10 CFR 50.12(a)(2)(ii), whenever ``application of 
the regulation in the particular circumstances would not serve the 
underlying purpose of the rule or is not necessary to achieve the 
underlying purpose of the rule.''

[[Page 13905]]

    The underlying purpose of 10 CFR 50.82(b)(6) is to describe the 
requirements that must be met for license termination, one of which is 
that the results of the terminal survey and other documentation show 
that the facility and site meet the requirements for release. These 
survey results and documentation form part of the basis for terminating 
the license. In this case, the remaining reactor components (the 
facility) will be released, but the site will not be released. Because 
the site will continue to be subject to the NRC license for the TRIGA 
reactor, application of the rule that the terminal survey and other 
documentation must show that the site is suitable for release is not 
necessary in order to terminate the license.

IV

    For the foregoing reasons, the NRC staff has concluded that not 
requiring a terminal radiation survey and associated documentation that 
demonstrate that the site is suitable for release as a condition of 
license termination will not present an undue risk to public health and 
safety and is consistent with the common defense and security. The NRC 
staff has determined that there are special circumstances present, as 
specified in 10 CFR 50.12(a)(2), in that application of part of 10 CFR 
50.82(b)(6)(ii) is not necessary in order to achieve the underlying 
purpose of this regulation.
    Accordingly, the Commission has determined that, pursuant to 10 CFR 
50.12(a), an exemption is authorized by law, will not endanger life or 
property or common defense and security, and is otherwise in the public 
interest. Therefore, the Commission hereby grants an exemption from the 
requirements of 10 CFR 50.82(b)(6)(ii) that a terminal radiation survey 
and associated documentation demonstrates that the site is suitable for 
release are needed as a condition of Operating License No. R-25 
termination.
    Pursuant to 10 CFR 51.32, the Commission has determined that the 
granting of this exemption will not have a significant effect on the 
quality of the human environment (62 FR 11936).
    For further details with respect to this action, see (1) the 
application for termination of Amended Facility Operating License No. 
R-25, dated July 17, 1990, as supplemented; (2) the Commission's safety 
evaluation related to the termination of the license; (3) the 
environmental assessment and finding of no significant impact; and (4) 
the Commission's Order terminating Amended Facility Operating License 
No. R-25. Each of these items is available for public inspection at the 
Commission's Public Document Room, 2120 L Street, NW., Washington, D.C. 
20037.
    Copies of items (2), (3), and (4) may be obtained upon receipt of a 
request addressed to the U.S. Nuclear Regulatory Commission, 
Washington, D.C. 20555-0001, Attention: Director, Division of Reactor 
Program Management.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 14th day of March 1997.

    For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 97-7338 Filed 3-21-97; 8:45 am]
BILLING CODE 7590-01-P