Information Notice 1997-77, Exemption from the Requirements of Section 70.24 of Title 10 of the Code of Federal Regulations

Exemption from the Requirements of Section 70.24 of Title 10 of the Code of Federal Regulations

ML020220104
Person / Time
Issue date:	10/10/1997
From:	Roe J Office of Nuclear Reactor Regulation
To:
References
10 CFR Part 70.24 IN-97-077
Download: ML020220104 (4)

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

WASHINGTON, D.C. 20555-0001 October 10, 1997 NRC INFORMATION NOTICE 97-77:

EXEMPTIONS FROM THE REQUIREMENTS OF

SECTION 70.24 OF TITLE 10 OF THE COE OF

FEDERAL REGULATIONS

Addressees

All holders of operating licenses for nuclear power reactors.

Purose

The U.S. Nuclear Regulatory Commission (NRC) is issuing this information notice to inform

addressees about actions the staff plans to take regarding enforcement actions and the granting

of exemptions from the requirements of Section 70.24 of Title 10 of the Code of Federal

Regulations (10 CFR 70.24). This information notice does not transmit or imply any new or

changed requirements or staff positions. No specific action or written response is required.

Description of Circumstances

Regulations in 10 CFR 70.24 require that each licensee authorized to possess more than a

small amount of special nuclear material maintain in each area in which such material is

handled, used, or stored a criticality monitoring system that will energize alarm systems if

accidental criticality occurs. The staff has issued approximately 20 notices of violation for

failures by licensees to meet the provisions of 10 CFR 70.24. Since the issuance of these

notices of violation, the staff has f*- und it appropriate to exercise enforcement discretion

pursuant to Section VII B.6 of the Enforcement Policy, NUREG-1600, General Statement of

Policy and Procedure for NRC Enforcement Actions.'

Discussion

As stated in a policy issue information paper, dated July 21, 1997, from the Executive Director

for Operations, NRC, to the NRC Commissioners (SECY-97-155), the staff has determined that

it is appropriate to exercise enforcement discretion in this case because the safety significance

of the failure to meet 10 CFR 70.24 is minimal provided controls are in place to ensure

compliance with general design criteria (GDC) 62. Also, enforcement discretion is appropriate

because the NRC staff did not recognize the need for an exemption during the licensing

process; because the NRC previously took a position on this matter, as reflected in its

9710090217

IN 97-77 October 10, 1997

" letter of May 11, 1988, to the Tennessee Valley Authority (NRC Accession No. 8902240029)

concerning the lack of a need for an exemption at the Browns Ferry Nuclear Plant; and because

of the staffs intent to embark on rulemaking to amend 10 CFR 70.24.

The staff intends to withdraw the previously issued violations. As specified in SECY-97-155, the

staff does not intend to take further enforcement action for failure to meet 10 CFR 70.24 provided licensees obtain an exemption from this regulation before the next receipt of fresh fuel

or before the next planned movement of fresh fuel. The criteria that the staff is using to

evaluate exemptions from 10 CFR 70.24 are given in SECY-97-155 and are presented for

information in the attachment to this notice.

This information notice requires no specific action or written response. If you have any

questions about the information in this notice, please contact the person listed below or the

appropriate regional office.

/A Jack W. Roe, Acting Director

Division of Reactor Program Management

Office of Nuclear Reactor Regulation

Technical contact: G. Wunder, NRR

301-415-1494 E-mail: gfw@nrc.gov

Attachments:

1. Staff Criteria for Evaluating Exemptions from 10 CFR 70.24

2. List of Recently Issued NRC Information Notices

Attachment 1 IN 97-77 October 10, 1997 STAFF CRITERIA FOR EVALUATING EXEMPTIONS FROM 10 CFR 70.24 AS STATED IN SECY-97-155

1.

Plant procedures do not permit more than [1 PWR or 3 BWR] new fuel

[assembly/assemblies] to be in transit between their associated shipping cask and dry

storage rack at one time.

2.

The k-effective of the fresh fuel storage racks filled with fuel of the maximum permissible

U-235 enrichment and flooded with pure water does not exceed 0.95, at a 95 percent

probability, 95 percent confidence level.

3.

If optimum moderation of fuel in the fresh fuel storage racks occurs when the fresh fuel

storage racks are not flooded, the k-effective corresponding to this optimum moderation

does not exceed 0.98, at a 95 percent probability, 95 percent confidence level.

4.

The k-effective of spent fuel storage racks filled with fuel of the maximum permissible

U-235 enrichment and filled with pure water does not exceed 0.95, at a 95 percent

probability, 95 percent confidence level.

5.

The quantity of forms of special nuclear material, other than nuclear fuel, that are stored

on site in any given area is less than the quantity necessary for a critical mass.

azý,.J:

ation monitors, as required by GDC 63, are provided in fuel storage and handling

areas to detect excessive radiation levels and to initiate appropriate safety actions.

7.

The maximum nominal U-235 enrichment is 5 wt percent

9 LIST OF RECENTLY ISSUED

NRC INFORMATION NOTICES

Information

Date of

Notice No.

Subject

Issuance

Issued to

Crediting of Operator

Actions in Place of

Automatic Actions and

Modifications of Operator

Actions, Including Response

Times

Enforcement Sanctions

Issued as a Result of

Deliberate Violations

of NRC Requirements

Inadequate Oversight

of Contractors During

Sealant Injection

Acuvities

Fire Hazard in the Use

of a Leak Sealant

10/14/97 All holders of OLs for

nuclear power reactors

except those who have

permanently ceased

operations and have

certified that fuel has

been permanently removed

from the reactor vessel

09/24/97 All U.S. Nuclear

Regulatory Commission

licensees

09/24/97 All holders of OLs for

nuclear power reactors

except those who have

permanently ceased

operations and have

certified that fuel

has been permanently

removed from the

reactor vessel

09/23/97 All holders of OLs for

nuclear power reactors

except those who have

permanently ceased

operations and have

certified that fuel

has been permanently

removed from the

reactor vessel

OL = Operating License

CP = Construction Permit

Attachment 1 IN 97-77 October 10, 1997 Page 1 of I

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