[Federal Register Volume 62, Number 151 (Wednesday, August 6, 1997)]
[Notices]
[Pages 42267-42269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20642]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-223]
University of Massachusetts Lowell; (University of Massachusetts
Lowell Research Reactor); Order Modifying Facility Operating License
No. R-125
I
The University of Massachusetts Lowell (the licensee) is the holder
of Facility Operating License No. R-125 (the license) issued on
December 24, 1974, by the U.S. Atomic Energy Commission, and
subsequently renewed on November 21, 1985, by the U.S. Nuclear
Regulatory Commission (the NRC or the Commission). The license
authorizes operation of the University of Massachusetts Lowell Research
Reactor (the facility) at a power level up to 1 megawatt thermal
(MW(t)). The facility is a research reactor located in the center of
the North Campus of the University of Massachusetts Lowell, in the city
of Lowell, Middlesex County, in northeastern Massachusetts,
approximately 5 miles from the New Hampshire border. The mailing
address is Radiation Laboratory, University of Massachusetts Lowell,
One University Avenue, Lowell, Massachusetts 01854.
II
On February 25, 1986, the Commission promulgated a final rule in
Section 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
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research and test reactors (non-power reactors) (see 51 FR 6514). The
rule, which became effective on March 27, 1986, requires that if
Federal Government funding for conversion-related costs is available,
each licensee of a non-power reactor replace HEU fuel at its facility
with low-enriched uranium (LEU) fuel acceptable to the Commission
unless the Commission has determined that the reactor has a unique
purpose. The Commission issued the rule to reduce the risk of theft and
diversion of HEU fuel used in non-power reactors.
Paragraphs 50.64(b)(2)(i) and (ii) require that a licensee of a
non-power reactor (1) not acquire more HEU fuel if LEU fuel that is
acceptable to the Commission for that reactor is available when the
licensee proposes to acquire HEU fuel 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).
Paragraph 50.64(c)(2)(i) requires, among other things, that each
licensee of a non-power reactor authorized to possess and to use HEU
fuel develop and submit to the Director of the Office of Nuclear
Reactor Regulation (Director) by March 27, 1987, and at 12-month
intervals thereafter, a written proposal for meeting the requirements
of the rule. The licensee shall include in its proposal a certification
that Federal Government funding for conversion is available through the
U.S. Department of Energy or other appropriate Federal agency and a
schedule for conversion, based upon availability of replacement fuel
acceptable to the Commission for that reactor and upon consideration of
other factors such as the availability of shipping casks,
implementation of arrangements for available financial support, and
reactor usage.
Paragraph 50.64(c)(2)(iii) requires the licensee to include in the
proposal, to the extent required to effect conversion, all necessary
changes to the license, to the facility, and to licensee procedures.
This paragraph also requires the licensee to submit supporting safety
analyses in time to meet the conversion schedule.
Paragraph 50.64(c)(2)(iii) also requires the Director to review the
licensee proposal, to confirm the status of Federal Government funding,
and to determine a final schedule, if the licensee has submitted a
schedule for conversion.
Section 50.64(c)(3) requires the Director 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
public health and safety, any necessary changes to the license, the
facility, and licensee procedures. In the Federal Register notice of
the final rule (51 FR 6514), the Commission explained that in most, if
not all, cases, the enforcement order would be an order to modify the
license under 10 CFR 2.204.
Section 2.714 states the requirements for a person whose interest
may be affected by any proceeding to initiate a hearing or to
participate as a party.
III
On May 21, 1993, as supplemented on March 17, 1994, May 16, 1997,
and June 6, 1997, the NRC staff received the licensee's conversion
proposal, including its proposed modifications and supporting safety
analyses. HEU fuel elements are to be replaced with LEU fuel elements.
The fuel elements contain fuel plates, typical of materials test
reactors, with the fuel meat consisting of uranium silicide dispersed
in an aluminum matrix. These plates contain the uranium-235 isotope at
an enrichment of less than 20 percent. The NRC staff reviewed the
licensee's proposal and the requirements of 10 CFR 50.64 and has
determined that public health and safety and common defense and
security require the licensee to convert the facility from the use of
HEU to LEU fuel in accordance with the attachment to this Order and the
schedule included herein. The attachment to this Order specifies the
changes to the license conditions and discusses the changes to
Technical Specifications that are needed to amend the facility license.
IV
Accordingly, pursuant to Sections 51, 53, 57, 101, 104, 161b, 161i,
and 161o of the Atomic Energy Act of 1954, as amended, and to
Commission regulations in 10 CFR 2.204 and 10 CFR 50.64, it is hereby
ordered that:
Facility Operating License No. R-125 is modified by amending the
license conditions and technical specifications as stated in the
attachment to this Order on the later date of either (1) the day the
licensee receives an adequate number and type of LEU fuel elements to
operate the facility as specified in the licensee proposal or (2) 30
days after the date of publication of this Order in the Federal
Register.
V
Pursuant to the Atomic Energy Act of 1954, as amended, the licensee
or any other person adversely affected by this Order may request a
hearing within 30 days of the date of this Order. Any request for a
hearing shall be submitted to the Director, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, with a copy to the Assistant General Counsel for Hearings and
Enforcement at the same address. If a person other than the licensee
requests a hearing, that person shall set forth with particularity in
accordance with 10 CFR 2.714 the manner in which his or her interest is
adversely affected by this Order.
If a hearing is requested by the licensee or a person whose
interest is adversely affected, the Commission shall issue an order
designating the time and place of any hearing. If a hearing is held,
the issue to be considered at such hearing is whether this Order should
be sustained.
This Order shall become effective on the later date of either the
day the licensee receives an adequate number and type of LEU fuel
elements to operate the facility as specified in the licensee proposal
or 30 days after the date of publication of this Order in the Federal
Register or, if a hearing is requested, on the date specified in an
order after further proceedings on this Order.
Dated at Rockville, Maryland, this 31st day of July 1997.
Attachment: As stated.
For the Nuclear Regulatory Commission.
Samuel J. Collins,
Director, Office of Nuclear Reactor Regulation.
Attachment to Order--Modifying Facility Operating License No. R-125
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 receive, possess, and
use at any one time up to 6.0 kilograms of contained uranium-235 at
enrichments equal to or less than 20 percent in the form of material
test reactor (MTR) type reactor fuel in connection with operation of
the reactor and 5 Ci Am-Be and 10 Ci Sb-Be neutron sources for use
in connection with operation of the reactor.
2.B.(4) Pursuant to the Act and 10 CFR part 70, ``Domestic
Licensing of Special Nuclear Material,'' to possess, but not use, up
to 4.80 kilograms of contained uranium-235 at greater than 20
percent enrichment in the form of MTR-type reactor fuel until the
existing inventory of this fuel is removed from the facility.
2.C.(2) Technical Specifications The technical specifications
contained in Appendix A, as revised through Amendment No. 12, are
hereby incorporated in the license. The licensee shall operate the
facility in accordance with the technical specifications.
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2.C.(4) The licensee shall submit a startup test report within
six months of the initial criticality with low-enriched uranium
reactor fuel in accordance with Amendment No. 12. 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 License Amendment No. 12,
Facility Operating License No. R-125, Docket No. 50-223, Replacement
Pages for Technical Specifications,'' and as discussed in the safety
evaluation for this Order.
[FR Doc. 97-20642 Filed 8-5-97; 8:45 am]
BILLING CODE 7590-01-P