[Federal Register Volume 90, Number 28 (Wednesday, February 12, 2025)]
[Notices]
[Pages 9437-9440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02523]
[[Page 9437]]
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NUCLEAR REGULATORY COMMISSION
[EA-NRR-2025-0013; NRC-2025-0016]
Order Modifying Licenses and Establishing Initial Final Safety
Analysis Report Update Due Dates Consistent With the Non-Power
Production or Utilization Facility License Renewal Rule
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an
Order to the licensees of non-power production or utilization
facilities (NPUFs) identified in the Attachment to the Order. The Order
modifies certain current NPUF licenses and establishes initial final
safety analysis report update due dates for certain existing NPUFs
consistent with the Non-Power Production or Utilization Facility
License Renewal Rule dated December 30, 2024.
DATES: The Order was issued on February 6, 2025.
ADDRESSES: Please refer to Docket ID NRC-2025-0016 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2025-0016. Address
questions about Docket IDs in Regulations.gov to Bridget Curran;
telephone: 301-415-1003; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737,
or by email to [email protected]. The Order dated February 6, 2025,
is available in ADAMS under Accession No. ML24354A207.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Duane Hardesty, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-415-3724, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated: February 7, 2025.
For the Nuclear Regulatory Commission.
Duane A. Hardesty,
Senior Project Manager, Non-Power Production and Utilization Facility
Licensing Branch, Division of Advanced Reactors and Non-Power
Production and Utilization Facilities, Office of Nuclear Reactor
Regulation.
Attachment--Order
United States of America Nuclear Regulatory Commission
In the Matter of: All Licensees of Facilities Identified in Attachment
Docket Nos. (as shown in Attachment)
License Nos. (as shown in Attachment)
EA-NRR-2025-0013
Order Modifying Licenses and Establishing Initial Final Safety Analysis
Report Update Due Dates Consistent With the Non-Power Production or
Utilization Facility License Renewal Rule
I
In accordance with the Atomic Energy Act of 1954, as amended (AEA),
the facilities identified in the Attachment to this Order are licensed
by the U.S. Nuclear Regulatory Commission (NRC, the Commission) under
Title 10 of the Code of Federal Regulations (10 CFR) Part 50,
``Domestic Licensing of Production and Utilization Facilities,'' as
non-power production or utilization facilities (NPUFs). On December 30,
2024, the NRC issued the final rule ``Non-Power Production or
Utilization Facility License Renewal'' (89 FR 106234; the NPUF LR Rule)
to provide a new framework for enabling NPUFs to continue to operate
safely while reducing burden on NPUF licensees and the NRC. The NPUF LR
Rule did this by eliminating the use of license terms for certain NPUFs
licensed after the effective date of the rule and requiring that NPUF
licensees periodically submit final safety analysis report (FSAR)
updates. This Order applies this new framework to certain existing
NPUFs by modifying their licenses to eliminate their license terms and
by establishing their initial FSAR update submittal due dates.
II
The NRC licenses NPUFs under the authority granted in Sections 103
and 104 of the AEA. Section 103 of the AEA applies to commercial and
industrial facilities, and Sections 104a and 104c of the AEA apply to
facilities used for medical therapy and for research and development
activities, respectively. The section of the AEA that provides
licensing authority for the NRC corresponds directly to the class of
license issued for a facility (e.g., Section 104a of the AEA authorizes
the issuance of a ``class 104a'' license). Furthermore, Sections 104a
and 104c of the AEA require that the Commission impose the minimum
amount of regulation needed to promote the common defense and security;
protect the health and safety of the public; and permit, under Section
104a, the widest amount of effective medical therapy possible and,
under Section 104c, the conduct of widespread and diverse research and
development.
The AEA dictates an initial license term of no more than 40 years
for class 103 facilities, but the AEA does not establish specific
license terms for class 104 facilities, which are licensed under 10 CFR
50.21, ``Class 104 licenses; for medical therapy and research and
development facilities,'' paragraph (a) or (c), nor does the AEA direct
the NRC to specify license terms for class 104 facilities. Before the
NPUF LR Rule, 10 CFR 50.51, ``Continuation of license,'' paragraph (a)
stated, in part, ``Each license will be issued for a fixed period of
time to be specified in the license but in no case to exceed 40 years
from date of issuance.'' This included all facility licenses issued
under 10 CFR part 50, including licenses for facilities issued under 10
CFR 50.21(a) or (c). Historically, the renewal of NPUF licenses
afforded both the NRC and the public the opportunity to re-evaluate the
licensing basis of the NPUF. The purpose of the renewal of NPUF
licenses was to assess the likelihood of continued safe operation of
the NPUF, such that radioactive materials can be used for beneficial
civilian purposes in a safe and secure manner. For several reasons that
are unique to NPUFs, the NRC determined as part of the NPUF LR Rule
that this objective is achievable for certain NPUFs through existing
oversight activities and review of FSAR updates. The NRC reached this
conclusion based on three considerations: (1) low overall radiological
risk, (2) limited aging-related issues, and (3) slow evolution of the
design basis. Accordingly, the NPUF
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LR Rule amended 10 CFR 50.51 to state that each NPUF license issued
under 10 CFR 50.21(a) or (c), other than a testing facility license,
after January 29, 2025 (i.e., the effective date of the rule), will be
issued with no fixed license term. The rule also amended 10 CFR 50.71,
``Maintenance of records, making of reports,'' to require that NPUF
licensees file FSAR updates at no more than 5-year intervals. The NPUF
LR Rule determined that this approach enables NPUFs to continue to
operate safely while reducing burden on NPUF licensees and the NRC and
remains consistent with the NRC's responsibilities under the AEA. This
approach is also consistent with the NRC's goal of efficient and
effective licensing and implements and reflects lessons learned from
decades of reviewing NPUF license renewal applications.
III
The NPUF LR Rule explained that most licenses of existing NPUFs
licensed under 10 CFR 50.21(a) or (c), other than testing facilities,
will be modified by order to remove the license terms after the
effective date of the rule (i.e., January 29, 2025). Specifically, it
stated that NPUFs licensed under 10 CFR 50.21(a) or (c), other than
testing facilities, that have undergone relicensing using the guidance
in NUREG-1537, Part 2, ``Guidelines for Preparing and Reviewing
Applications for the Licensing of Non-Power Reactors: Standard Review
Plan and Acceptance Criteria,'' are eligible to receive a non-expiring
license without again renewing the current license. Therefore,
consistent with the NPUF LR Rule and pursuant to Sections 104, 161b,
161i, 161o, 182, and 187 of the AEA and the Commission's regulations in
10 CFR 2.202, ``Orders,'' and 10 CFR part 50, it is hereby ordered that
the language regarding expiration in the licenses for such NPUFs is
modified to state: ``This license is effective as of the date of its
issuance and has no fixed term.'' The NPUFs with licenses that are
affected by this modification are identified in the Attachment to this
Order by a ``Yes'' in the ``Non-Expiring License Modification'' column
of the Attachment. Existing NPUFs licensed under 10 CFR 50.21(a) or
(c), other than testing facilities, for which an application for
license renewal is pending before the NRC are not affected by this
Order; instead, if the NRC concludes that the application meets the
standard for issuing a renewed license, then the NRC would issue a non-
expiring renewed license.
The NPUF LR Rule added new 10 CFR 50.71(e)(4)(ii), which states, in
part, that NPUF licensees shall file an FSAR update no more than 5
years from the date of the submittal of the updated FSAR required by 10
CFR 50.71(e)(3)(iv) or ``by order.'' The NPUF LR Rule explained that,
consistent with this regulation, the NRC will issue orders to existing
NPUF licensees, other than those with an application for license
renewal pending before the NRC, dictating when their initial FSAR
update will be due to the NRC, after which they will be subject to the
new requirement in 10 CFR 50.71(e)(4)(ii) to submit subsequent FSAR
updates. Accordingly, it is further ordered that each NPUF licensee
listed in the Attachment to this Order file an initial FSAR update for
their facility by the date specified in the ``Initial FSAR Update Due
Date'' column of the Attachment. However, upon written application and
for good cause shown, such date may be extended by order. As required
by 10 CFR 50.71(e)(4)(ii), each submittal must reflect all changes made
to the FSAR up to a maximum of 6 months prior to the date of filing the
submittal and the licensee shall file subsequent updates no more than 5
years from the date of the previous submittal. For existing NPUFs for
which an application for license renewal is pending before the NRC, 10
CFR 50.71(e)(3)(iv) regarding initial FSAR updates will apply upon any
issuance of the renewed license.
This Order is effective upon issuance.
IV
In accordance with 10 CFR 2.202, a licensee must, and any other
person adversely affected by this Order may, submit a written answer to
this Order under oath or affirmation within 20 days of its publication
in the Federal Register. The licensee answer may consent to the Order
and be submitted to the NRC in accordance with 10 CFR 50.4. In
addition, a licensee and any other person adversely affected by this
Order may request a hearing on this Order within 20 days of its
publication in the Federal Register. Where good cause is shown,
consideration will be given to extending the time to answer or request
a hearing. A request for such an extension of time must be made in
writing to the Director, Office of Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, and include a
statement of good cause for the extension. All documents filed in NRC
adjudicatory proceedings, including documents filed by an interested
State, local governmental body, Federally recognized Indian Tribe, or
designated agency thereof that requests to participate under 10 CFR
2.315, ``Participation by a person not a party,'' paragraph (c), must
be filed in accordance with 10 CFR 2.302, ``Filing of documents.'' The
E-Filing process requires participants to submit and serve all
adjudicatory documents over the internet, or in some cases, to mail
copies on electronic storage media, unless an exemption permitting an
alternative filing method, as further discussed, is granted. Detailed
guidance on electronic submissions is located in the ``Guidance for
Electronic Submissions to the NRC'' (Agencywide Documents Access and
Management System Accession No. ML13031A056), and on the NRC's public
website at https://www.nrc.gov/site-help/e-submittals.html.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. eastern time (ET) on the due date. Upon
receipt of a transmission, the E-Filing system timestamps the document
and sends the submitter an email confirming receipt of the document.
The E-Filing system also distributes an email
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that provides access to the document to the NRC's Office of the General
Counsel and any others who have advised the Office of the Secretary
that they wish to participate in the proceeding, so that the filer need
not serve the document on those participants separately. Therefore,
participants (or their counsel or representative) must apply for and
receive a digital ID certificate before adjudicatory documents are
filed to obtain access to the documents via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., ET, Monday through Friday, except Federal holidays.
Participants who believe that they have good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate as previously described, click ``cancel'' when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing docket where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information
such as social security numbers, home addresses, or personal phone
numbers in their filings unless an NRC regulation or other law requires
submission of such information. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants
should not include copyrighted materials in their submission.
If a person other than a licensee requests a hearing, that person
shall set forth with particularity the manner in which their interest
is adversely affected by this Order and shall address the criteria set
forth in 10 CFR 2.309(d) and (f).
If a hearing is requested by a licensee or a person whose interest
is adversely affected, the Commission will issue an order designating
the time and place of any hearings. If a hearing is held, the issue to
be considered at such hearing shall be whether this Order should be
sustained. In the absence of any request for hearing, or written
approval of an extension of time in which to request a hearing, the
provisions specified in Section III shall be final 20 days from the
date this Order is published in the Federal Register without further
order or proceedings. If an extension of time for requesting a hearing
has been approved, the provisions specified in Section III shall be
final when the extension expires if a hearing request has not been
received.
Dated: February 6, 2025.
For the Nuclear Regulatory Commission.
Jeremy S. Bowen,
Director, Division of Advanced Reactors and Non-Power Production and
Utilization Facilities, Office of Nuclear Reactor Regulation.
List of Affected Facilities
[Arranged by initial FSAR update due date]
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Initial FSAR
Facility Licensee Docket License Non-expiring license update due NRC staff project manager
No. No. modification date
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Missouri University Research Reactor Curators of the 50-186 R-103 Yes.................... 7/31/2025 J. Lovett.
Facility. University of
Missouri.
Oregon State University TRIGA Oregon State 50-243 R-106 Yes.................... 8/25/2025 M. Balazik.
reactor. University.
University of California-Davis, Regents of the 50-607 R-130 Yes.................... 12/31/2025 L. Tran.
McClellan Nuclear Research Center University of
reactor. California.
Maryland University Training Reactor University of Maryland 50-166 R-70 Yes.................... 1/5/2026 C. Montgomery.
University of California, Irvine, Board of Regents of 50-326 R-116 Yes.................... 3/16/2026 L. Tran.
Nuclear Reactor Facility. the University of
California.
Idaho State University AGN 201M Idaho State University 50-284 R-110 Yes.................... 5/29/2026 A. Miller.
research reactor.
Purdue University Research Reactor.. Purdue University..... 50-182 R-87 Yes.................... 8/10/2026 C. Montgomery.
Rhode Island Nuclear Science Center. Rhode Island Atomic 50-193 R-95 Yes.................... 10/26/2026 B. Stamler.
Energy Commission.
Armed Forces Radiobiology Research Armed Forces 50-170 R-84 Yes.................... 1/8/2027 C. Montgomery.
Institute TRIGA-Mark F tank-type Radiobiology Research
nuclear reactor facility. Institute.
University of Massachusetts Lowell University of 50-223 R-125 Yes.................... 3/3/2027 E. Helvenston.
Research Reactor. Massachusetts Lowell.
Washington State University Modified Washington State 50-027 R-76 Yes.................... 5/17/2027 D. Hardesty.
TRIGA Nuclear Reactor. University.
National Bureau of Standards test National Institute of 50-184 TR-5 No..................... 7/2/2027 J. Hudson.
reactor. Standards and
Technology.
Kansas State Nuclear Reactor Kansas State 50-188 R-88 Yes.................... 7/30/2027 A. Miller.
Facility. University,
Manhattan, Kansas.
U.S. Geological Survey TRIGA U.S. Geological Survey 50-274 R-113 Yes.................... 9/27/2027 B. Gallagher.
Research Reactor.
Ohio State University Research Ohio State University. 50-150 R-75 Yes.................... 10/22/2027 J. Lovett.
Reactor.
Missouri University of Science and Board of Curators of 50-123 R-79 Yes.................... 12/27/2027 P. Torres.
Technology Research Reactor. the University of
Missouri.
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Texas Engineering Experiment Station/ Texas Engineering 50-128 R-83 Yes.................... 3/13/2028 B. Gallagher.
Texas A&M University System Nuclear Experiment Station/
Science Center. Texas A&M University
System.
Reed Research Reactor............... Reed College.......... 50-288 R-112 Yes.................... 5/26/2028 B. Stamler.
Penn State Breazeale Reactor........ Pennsylvania State 50-005 R-2 Yes.................... 8/9/2028 J. Lovett.
University.
University of Wisconsin's nuclear University of 50-156 R-74 Yes.................... 10/23/2028 P. Torres.
reactor with the TRIGA nuclear core Wisconsin.
and control system.
University of Utah TRIGA Nuclear University of Utah.... 50-407 R-126 Yes.................... 1/8/2029 J. Lovett.
Reactor.
University of Florida Training University of Florida. 50-083 R-56 Yes.................... 3/23/2029 D. Hardesty.
Reactor.
Massachusetts Institute of Massachusetts 50-020 R-37 Yes.................... 6/6/2029 C. Montgomery.
Technology reactor facility. Institute of
Technology.
University of New Mexico AGN-201M University of New 50-252 R-102 Yes.................... 8/20/2029 E. Helvenston.
Reactor. Mexico.
Dow TRIGA Research Reactor.......... Dow Chemical Company.. 50-264 R-108 Yes.................... 11/5/2029 B. Stamler.
Aerotest Radiography and Research Nuclear Labyrinth, LLC 50-228 R-98 No..................... 11/20/2029 W. Allen.
Reactor (ARRR), a pool-type nuclear
reactor.
Critical Experiments Facility....... Rensselaer Polytechnic 50-225 CX-22 Yes.................... 1/18/2030 J. Lovett.
Institute.
Nuclear Test Reactor................ GE-Hitachi Nuclear 50-073 R-33 No..................... 1/18/2030 W. Allen.
Energy Americas, LLC.
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[FR Doc. 2025-02523 Filed 2-11-25; 8:45 am]
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