[Federal Register Volume 71, Number 145 (Friday, July 28, 2006)]
[Notices]
[Pages 42882-42884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12105]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-128, EA-06-166]
In the Matter of Texas A&M University, (Nuclear Science Center
TRIGA Research Reactor); Order Modifying Amended Facility Operating
License No. R-83
I.
The Texas A&M University (the licensee) is the holder of Amended
Facility Operating License No. R-83 (the license). The license was
issued on December 7, 1961, by the U.S. Atomic Energy Commission and
subsequently renewed on March 30, 1983, by the U.S. Nuclear Regulatory
Commission (the NRC or the Commission). The license includes
authorization to operate the Nuclear Science Center TRIGA Research
Reactor (the facility) at a power level up to 1,000 kilowatts thermal
and to receive, possess, and use special nuclear material associated
with the operation. The facility is on the campus of the Texas A&M
University, in the city of College Station, Brazos County, Texas. The
mailing address is Nuclear Science Center, Texas Engineering
Experimental Station, Texas A&M University, 3575 TAMU, College Station,
Texas 77843-3575.
II.
On February 25, 1986, the Commission promulgated a rule, Section
50.64 of Title 10 of the Code of Federal Regulations (10 CFR), limiting
the use of high-enriched uranium (HEU) fuel in domestic research and
test reactors (non-power reactors). This regulation requires that if
Federal Government funding for conversion-related costs is available,
each licensee of a research and test reactor authorized to use HEU fuel
shall replace it with low-enriched uranium (LEU) fuel. The Commission's
stated purpose for these requirements was to reduce, to the maximum
extent possible, the use of HEU fuel in order to reduce the risk of
theft and diversion of HEU fuel used at research and test reactors
(51FR 6514).
The provisions of 10 CFR 50.64(c)(2)(iii) require the licensee to
include in its conversion proposal, to the extent required to effect
conversion, all necessary changes to the license, the facility, and
licensee procedures.
III.
On June 13, 2006, the licensee submitted a letter as part of its
conversion proposal, which indicated that changes to the Uranium-235
possession limit in its license were needed to support the proposed
schedule for conversion to LEU fuel. The possession of the LEU fuel is
required by the licensee at this time to prepare the fuel in bundles in
order to meet the proposed timely conversion. The LEU fuel contains 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 the public health and safety and common
defense and security require the licensee to receive and possess the
LEU fuel so that the LEU fuel may be prepared to convert from HEU fuel
in accordance with the schedules planned by the Department of Energy to
support U.S. non-proliferation policies. Issuance of this Order will,
therefore, allow the conversion to proceed in accordance with the
planned schedule. The NRC staff also determined that there should be a
prohibition on receiving additional HEU fuel and a reduction in the
associated authorized possession limit concurrent with the
effectiveness of the amendment authorizing receipt and possession, but
not use, of the LEU fuel. The specific conditions needed to reduce the
HEU fuel possession limit, to amend the facility license to allow
possession of the LEU fuel, and to be made a part of the license in
accordance with this Order are:
2.B.(2) Pursuant to the Act and 10 CFR Part 70, ``Domestic Licensing
of Special Nuclear Material,'' to possess and use up to 12.0
kilograms of contained Uranium-235 at enrichment equal to or less
than 70 percent in connection with operation of the reactor.
2.B.(8) Pursuant to the Act and 10 CFR Part 70, ``Domestic Licensing
of Special Nuclear Material,'' to receive and possess, in addition
to the amount specified under License Condition 2.B.(2), up to 15.0
kilograms of contained Uranium-235 at enrichments equal to or less
than 20 percent.
The attached safety evaluation provides additional details on the
NRC staff analyses resulting in the determination to order these
changes.
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 2.202 and 10 CFR 50.64, it is hereby
ordered that:
Amended Facility Operating License No. R-83 is modified by amending
the license to include the license conditions as stated in Section III
of this Order. This Order will be effective 20 days after the date of
publication of this Order in the Federal Register.
[[Page 42883]]
V.
Pursuant to the Atomic Energy Act of 1954, as amended, any 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. Any answer or request
for a hearing shall set forth the matters of fact and law on which the
licensee, or other person adversely affected, relies and the reasons
why the Order should not have been issued. Any answer or request for a
hearing shall be filed (1) by first class mail addressed to the Office
of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) by
courier, express mail, and expedited delivery services to the Office of
the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Because of continuing disruptions in delivery of
mail to the United States Government Offices, it is requested that
answers and/or requests for hearing be transmitted to the Secretary of
the Commission either by e-mail addressed to the Office of the
Secretary, U.S. Nuclear Regulatory Commission, [email protected];
or by facsimile transmission addressed to the Office of the Secretary,
U.S. Nuclear Regulatory Commission, Washington, DC, Attention:
Rulemakings and Adjudications Staff at 301-415-1101 (the verification
number is 301-415-1966). Copies of the request for hearing must also be
sent to the Director, Office of Nuclear Reactor Regulation and to the
Assistant General Counsel for Materials Litigation and Enforcement,
Office of the General Counsel, with both copies addressed to the U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, and the NRC
requests that a copy also be transmitted either by facsimile
transmission to 301-415-3725 or by e-mail to [email protected]. If
a person other than the licensee requests a hearing, he or she shall
set forth in the request for a hearing with particularity the manner in
which his or her interest is adversely affected by this Order and shall
address the criteria set forth in 10 CFR 2.309. 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 shall be whether this Order should be sustained.
In accordance with 10 CFR 51.10(d) this Order is not subject to
Section 102(2) of the National Environmental Policy Act, as amended.
The NRC staff notes, however, that with respect to environmental
impacts associated with the changes imposed by this Order, as described
in the safety evaluation attached, the changes would, if imposed by
other than an Order, meet the definition of a categorical exclusion in
accordance with 10 CR 51.22(c)(9). Thus, pursuant to either 10 CFR
51.10(d) or 51.22(c)(9), no environmental assessment nor environmental
impact statement is required.
For further information see the June 13, 2006, letter from the
licensee (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML061720033), and the NRC staff's safety evaluation
attached to this Order (ADAMS Accession No. ML061810481), available for
public inspection at the Commission's Public Document Room (PDR),
located at One White Flint North, Public File Area O1 F21, 11555
Rockville Pike (first floor), Rockville, Maryland. Publicly available
records will be accessible electronically from the ADAMS Public
Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to
ADAMS or who have problems in accessing the documents in ADAMS should
contact the NRC PDR reference staff by telephone at 1-800-397-4209 or
301-415-4737 or by e-mail to [email protected].
Dated this 21st day of July 2006.
For the Nuclear Regulatory Commission.
J.E. Dyer,
Director, Office of Nuclear Reactor Regulation.
Attachment
Safety Evaluation by the Office of Nuclear Reactor Regulation
Supporting Order on Possession Limit Changes To Allow Conversion From
High-Enriched to Low-Enriched Uranium Fuel
1.0 Introduction
By letter dated June 13, 2006, the Texas A&M University (the
licensee) indicated that changes to the Nuclear Science Center (NSC)
TRIGA Research Reactor possession limit was needed to allow for the
timely conversion from the use of high-enriched uranium (HEU) fuel to
low-enriched uranium (LEU) fuel in accordance with Sec. 50.64 of Title
10 of the Code of Federal Regulations (10 CFR). This regulation was
promulgated to reduce the risk of theft and diversion of HEU fuel used
in non-power reactors. The U.S. Nuclear Regulatory Commission (NRC)
staff determined as discussed below that the following changes to the
possession limit license conditions were acceptable. The change to the
current License Condition 2.B.(2) removes the authority to receive HEU
fuel and decreases the possession limit of contained Uranium-235 (U-
235) with enrichments up to 70 percent from 17.0 to 12.0 kilograms
(kgs) to allow the continued possession and use of material at the
facility. The changes also involve the addition of License Condition
2.B.(8) to allow receipt and possession, but not use, of up to an
additional 15 kgs of contained U-235 at enrichments equal to or less
than 20 percent (LEU fuel).
2.0 Background
The license currently includes a possession limit of special
nuclear material to allow for operation of the facility. This limit
allows for an amount of special nuclear material so that the facility
can continue to conduct its licensed research reactor activities.
In its June 13, 2006, letter, the licensee indicated that an
increase to the possession limit for special nuclear material is
required to allow for the timely conversion to LEU fuel. The licensee
indicated that it is working with the U.S. Department of Energy (DOE),
DOE contractors, and the NRC to convert the NSC TRIGA Research Reactor
from HEU fuel to LEU fuel in support of non-proliferation policies. The
licensee's letter stated that in order to avoid prolonged reactor
shutdown and accomplish the conversion in support of non-proliferation
goals, a period will exist in which the NSC TRIGA Research Reactor will
need to possess a quantity of U-235 in excess of the current licensed
maximum. As additional evidence, the licensee also provided a DOE
letter dated April 13, 2006. In the April 13, 2006, letter, DOE
indicated that the project schedule for conversion includes shipping a
fresh fuel core to replace the fuel currently in the reactor. Further,
DOE indicated that in order to support the timeliness of this effort as
planned, the license will need an increase in the special nuclear
material possession limit to accommodate the fuel inventory at the
facility during the process.
3.0 Evaluation
The licensee has not requested any changes to the Technical
Specifications (TSs) nor security plan. Thus, the additional material
will be received and possessed under the current terms of the reactor
license. The NRC staff reviewed the license, TSs, and security plan
requirements for the facility and finds that the possession of the
additional
[[Page 42884]]
LEU fuel will not require additional safety or security controls or
conditions beyond those already in place. The NRC staff also finds that
this increase in the fuel possession limit is within the normal
possession limit for research reactors.
The increased possession limit does not allow operation with the
fuel other than that already authorized by the license and TSs. This
change does not authorize conversion to the new LEU fuel planned for
conversion, i.e., 30 weight percent (Wt%) vice the currently authorized
9 Wt%. (The authorization for conversion will be the subject of an
ongoing separate evaluation). Therefore, the radioactive fission
product inventory will not be increased by the increased fuel
possession limit and the routine effluent or potential accident release
levels will not increase beyond those already analyzed and accepted
under the current license and TSs.
Further, in accordance with the existing TSs, reactor fuel will be
stored in a geometrical array where the effective multiplication is
less than 0.8 for all conditions of moderation. Therefore, the
potential for accidental criticality is not increased with the
increased fuel possession limit.
The increase in the special nuclear material possession limit does
not impact the security requirements for the facility. In accordance
with 10 CFR 73.2, the increase possession would be consistent with
special nuclear material of moderate strategic significance (Category
II). The licensee's current security plan meets or exceeds the
requirements for this level of material under 10 CFR 73.67(d).
The license changes are to allow for conversion in a manner that is
timely to support the non-proliferation goals of the nation and allow
continued research and development in accordance with the license and
regulations. They do not change the security plan requirements which
are consistent the provisions of 10 CFR 73.67(d) for special nuclear
material of moderate strategic significance (Category II) in accordance
with 10 CFR 73.2, because the addition of the LEU fuel is within the
possession limit for that category of material.
The inspection program has found that the licensee has routinely
used such material safely and securely.
The licensee submitted a proposed license condition in its June 13,
2006, letter. The NRC staff noted several changes from the proposed
license condition were needed to allow for possession of the current
material and allow for receipt, but not use, of the new LEU fuel.
Specifically, the licensee's authority to receive additional HEU fuel
is removed from License Condition 2.B.(2), and the amount of material
possessed under that license condition was reduced from 17.0 to 12.0
kg. Further, License Condition 2.B.(8) is added to allow for the
receipt and possession, but not use, of the LEU fuel for conversion. A
telephone conversation between the project manager and the Associate
Director of the NSC TRIGA Research Reactor facility on July 6, 2006,
confirmed that these differences were understood and could be
implemented consistent with protecting the public health and safety.
Because the requested increased possession limit may be possessed
safely and securely under the terms of the existing TSs and security
plan, the increase in special nuclear material possession limit as
specified above is acceptable to the NRC staff. Further, the NRC staff
has determined that the public health and safety and the common defense
and security require the licensee to receive and possess the LEU fuel
so that the LEU fuel may be configured into fuel bundles to convert
from HEU fuel in accordance with the schedule planned by the DOE to
support U.S. non-proliferation policies.
3.0 Environmental Consideration
In accordance with 10 CFR 51.10(d), an Order is not subject to
Section 102 of the National Environmental Policy Act. The NRC staff
notes, however, that even if these changes were not being imposed by an
Order, the changes would not require an environmental impact statement
or environmental assessment. The license changes involve use of a
facility component located within the restricted area as defined in 10
CFR part 20 or changes in inspection and surveillance requirements. The
NRC staff has determined that the changes involve no significant
increase in the amounts or types of any effluents that may be released
off site and no significant increase in individual or cumulative
occupational radiation exposure. Therefore, pursuant to 10 CFR
51.22(b), no environmental impact statement or environmental assessment
is required.
4.0 Conclusion
The NRC staff has concluded, on the basis of the considerations
discussed above, that (1) The proposal by the licensee for possession
of LEU fuel is consistent with and in furtherance of the requirements
of 10 CFR 50.64, (2) there is reasonable assurance that the health and
safety of the public will not be endangered by the proposed activities;
and (3) such activities will be conducted in compliance with the
Commission's regulations and will not be inimical to the common defense
and security or the health and safety of the public. Accordingly, it is
concluded that an enforcement order as described above should be issued
pursuant to 10 CFR 50.64(c)(3).
Dated: July 21, 2006.
M. Mendonca.
Principal Contributor:
[FR Doc. E6-12105 Filed 7-27-06; 8:45 am]
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