[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]



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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,

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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