[Federal Register Volume 62, Number 141 (Wednesday, July 23, 1997)]
[Notices]
[Pages 39556-39557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19339]
[[Page 39556]]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-356]
University of Illinois at Urbana-Champaign (University of
Illinois at Urbana-Champaign Low Power Reactor Assembly)
Exemption
I
The University of Illinois at Urbana-Champaign (the licensee or
University) is the holder of Facility Operating License Nos. R-115 and
R-117, which authorize operation of the University of Illinois Advanced
TRIGA Research Reactor (TRIGA) and the University of Illinois Low Power
Reactor Assembly (LOPRA). The licenses provide, among other things,
that the licensee is subject to all rules, regulations, and orders of
the U.S. Nuclear Regulatory Commission (NRC or the Commission) now or
hereafter in effect. The reactors are located in the Nuclear Reactor
Laboratory on the campus of the University of Illinois at Urbana-
Champaign in Urbana, Champaign County, Illinois.
II
By application dated February 10, 1995, as supplemented on April
24, 1995, and October 2, 1996, the licensee requested from the NRC
authorization to decommission the LOPRA. The letter of February 10,
1995, contained a request that authorization be given for terminating
Facility Operating License No. R-117. By license amendment dated
January 21, 1997 (Amendment No. 6), the Commission approved the
decommissioning plan for the LOPRA. By letter dated April 15, 1997, the
licensee informed the NRC that the University had completed
decommissioning the LOPRA in accordance with Amendment No. 6 to the
Facility Operating License. As discussed in the University's
decommissioning plan and letter of April 15, 1997, the LOPRA and the
TRIGA (Docket No. 50-151) (which remains in operation), are both
located at the same site, the Nuclear Reactor Laboratory, which
continues to be a restricted environment. The LOPRA was located in the
bulk shielding tank of the TRIGA reactor.
As part of the license termination process, the licensee has
requested a specific exemption in accordance with Title 10 of the Code
of Federal Regulations, Section 50.12 (10 CFR 50.12), to part of the
requirements of 10 CFR 50.82(b)(6)(ii). This part of the regulations
requires, as a condition of license termination, that a terminal
radiation survey and associated documentation demonstrate that the
facility and site are suitable for release. The Nuclear Reactor
Laboratory and TRIGA will remain subject to the TRIGA license after the
LOPRA license is terminated. All components and fuel from the LOPRA
were transferred to the TRIGA license. Some components containing
byproduct material were subsequently transferred to a University of
Illinois byproduct materials license (License IL-01271-01) issued by
the State of Illinois to allow the components to be stored at a
facility away from the Nuclear Reactor Laboratory. The components and
fuel will be maintained for the capability to construct and operate a
subcritical assembly in the TRIGA bulk shielding tank, which is
currently authorized under the TRIGA license. No facility or site is to
be released as part of this license termination. Therefore, a terminal
radiation survey of the facility and site are not necessary for
terminating the LOPRA license. The Nuclear Reactor Laboratory and
former LOPRA components will be considered for release in the future
when the University 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.''
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 radiation 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, because license termination usually
results in the release of the facility and site for unrestricted use.
In this case, the reactor components and fuel (the facility) were
transferred to the TRIGA license (some components were subsequently
transferred to a University of Illinois byproduct materials license),
and the site will not be released because of the continued operation of
the TRIGA reactor. Therefore, application of the rule that the terminal
radiation survey and other documentation must show that the facility
and site are 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 facility and site are 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), the 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 facility and site
are suitable for release are needed as a condition of Facility
Operating License No. R-117 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 38130).
For further details with respect to this action, see (1) the
application for terminating Facility Operating License No. R-117, dated
February 10, 1995, 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 Facility Operating License No. R-
117. Each of these items is available for public inspection at the
Commission's Public Document Room, 2120 L Street, NW., Washington, DC
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, DC 20555-0001, Attention: Director,
[[Page 39557]]
Division of Reactor Program Management.
This exemption is effective upon issuance.
Dated at Rockville, Maryland, this 16th day of July 1997.
For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
[FR Doc. 97-19339 Filed 7-22-97; 8:45 am]
BILLING CODE 7590-01-P