ML022810523

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Confirmatory Action Letter - NIST Site Specific Interim Compensatory Measures Implementation Plan
ML022810523
Person / Time
Site: National Bureau of Standards Reactor
Issue date: 10/28/2002
From: Matthews D
Division of Regulatory Improvement Programs
To: Rowe J
US Dept of Commerce, National Institute of Standards & Technology (NIST)
Matthews D
References
NRR-02-001
Download: ML022810523 (4)


Text

October 28, 2002 CAL No. NRR-02-001 Dr. J. Michael Rowe, Director NIST Center for Neutron Research National Institute of Standards and Technology U. S. Department of Commerce 100 Bureau Drive Gaithersburg, MD 20899

SUBJECT:

CONFIRMATORY ACTION LETTER - NIST SITE-SPECIFIC INTERIM COMPENSATORY MEASURES IMPLEMENTATION PLAN

Dear Dr. Rowe:

By letter dated June 21, 2002, Mr. William D. Beckner of my staff initiated a process to address interim compensatory measures (ICMs) related to security and safeguards at your facility.

Mr. Beckners letter requested that you develop a site-specific ICM implementation plan. In accordance with that letter, you have transmitted your final site-specific ICM implementation plan dated September 24, 2002.

Pursuant to telephone conversations between you and Mr. Patrick M. Madden, Chief of the Research and Test Reactors Section, on September 24 and October 22, 2002, it is our understanding that you have taken or will take the actions as specified in your final site-specific ICM implementation plan. In addition, as agreed in the October 22 telephone conversation, a change to your final site-specific ICM implementation plan is made as follows. In the last sentence of II.B.1.a, the words a gate are changed to the NIST fence.

Pursuant to Section 182 of the Atomic Energy Act, 42 U.S.C. 2232, you are required to:

1) Notify me immediately if your understanding differs from that set forth above;
2) Notify me if, for any reason, you cannot complete the actions within the specified schedule and advise me, in writing, of your modified schedule in advance of the change; and
3) Notify me, in writing, when you have completed the actions addressed in this Confirmatory Action Letter.

Issuance of this confirmatory action letter does not preclude issuance of an order formalizing the commitments you have made in your final site-specific ICM implementation plan or requiring other actions. In addition, failure to take the actions addressed in this confirmatory action letter may result in enforcement action.

Dr. J. M. Rowe In accordance with 10 CFR 2.790 of the NRCs "Rules of Practice," a copy of this letter, and any response will be made available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRCs Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

To the extent possible, any correspondence between you and the NRC relating to your response to this CAL should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction. Due to the direct relationship of the ICMs, which the NRC has classified as unclassified-sensitive information exempted from public disclosure under the provisions of 10 CFR 73.21 (safeguards information), your site-specific ICM implementation plan is considered safeguards information and, thus, is not authorized for public release. If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21. The use of non-sensitive cover letters to transmit safeguards information as a separate enclosure is encouraged.

Sincerely,

/RA/

David B. Matthews, Director Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket No. 50-184 License No. TR-5 cc: Please see next page plus Fred Sears, Penn State Mike Slaughter, TRTR Chairman, University of Utah

National Institute of Standards Docket No. 50-184 and Technology cc:

Montgomery County Executive County Office Building Rockville, MD 20858 Director Department of State Planning 301 West Preston Street Baltimore, MD 21201 Director Department of Natural Resources Power Plant Siting Program Energy and Coastal Zone Administration Tawes State Office Building Annapolis, MD 21401 Dr. Seymour H. Weiss, Chief Reactor Operations and Engineering National Institute of Standards and Technology U.S. Department of Commerce Gaithersburg, MD 20899 Honorable Michael L. Subin Montgomery County Council Stella B. Werner Council Office Building Rockville, MD 20850 Dr. William Vernetson Director of Nuclear Facilities Department of Nuclear Engineering Sciences University of Florida Gainesville, FL 32611-8300

Dr. J. M. Rowe October 28, 2002 In accordance with 10 CFR 2.790 of the NRCs "Rules of Practice," a copy of this letter, and any response will be made available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records (PARS) component of NRCs Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

To the extent possible, any correspondence between you and the NRC relating to your response to this CAL should not include any personal privacy, proprietary, or safeguards information so that it can be made available to the public without redaction. Due to the direct relationship of the ICMs, which the NRC has classified as unclassified-sensitive information exempted from public disclosure under the provisions of 10 CFR 73.21 (safeguards information), your site-specific ICM implementation plan is considered safeguards information and, thus, is not authorized for public release. If safeguards information is necessary to provide an acceptable response, please provide the level of protection described in 10 CFR 73.21. The use of non-sensitive cover letters to transmit safeguards information as a separate enclosure is encouraged.

Sincerely,

/RA/

David B. Matthews, Director Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket No. 50-184 License No. TR-5 cc: Please see next page plus Fred Sears, Penn State Mike Slaughter, TRTR Chairman, University of Utah DISTRIBUTION:

PUBLIC RORP/R&TR r/f MMendonca AAdams DHughes CBassett TDragoun PMadden WBeckner VOrdaz AMadison DGordon ATardiff SDroggitis, OSTP LDudes ADAMS ACCESSION NO.: ML022810523 TEMPLATE #: NRR-106 OFFICE RORP:LA RORP:PM RORP:PM NSIR RORP:PD DRIP:D NAME EHylton:rdr MMendonca PMadden VOrdaz WBeckner DMatthews DATE 10/ 09 /02 10/ 09 /02 10/ 24 /02 10/ 28 /02 10/ 28 /02 10/ 28 /02

C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY