ML040580052

E-Mail from Julia Schmitt of Nebraska Re H3 Signs at Cooper Nuclear Plant

ML040580052
Person / Time
Site:	Cooper
Issue date:	07/25/2003
From:	Schmitt J State of NE
To:	Osiris Siurano-Perez NRC/STP
References
Download: ML040580052 (4)

Text

From: <julia.schmitt@hhss.state.ne.us>

To: "Osiris Siurano-Perez" <OSP@nrc.gov>

Date: 7/25/03 9:41AM

Subject:

Re: H3 Signs at Power Plant Coopers NRC license reads in part "2. Facility operating license No.

DPR-46 is hereby issued to the Nebraska Public Power District to read as follows:

A. This license applies to the Cooper Nuclear Station, as boiling water nuclear reactor and associated equipment (the facility), owned by the Nebraska Public Power District. The facility is located ..."

"B. Subject to the conditions and requirements incorporated herein, the Commission hereby licenses Nebraska Public Power District:

(1) Pursuant to Section 104b of the Act and 10 CFR Part 50, Licensing of Production and Utilization Facilities, to possess, use, and operate the facility..."

"(2) Pursuant to the Act and 10 CFR Part 70, to receive, possess and use at any time special nuclear material as reactor fuel..."

"(3) Pursuant to the Act and 10 CFR Parts 30, 40, and 70 to receive, possess and use at any time any byproduct, source and special nuclear material as sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts required, and (4) Pursuant to the Act and 10 CFR Parts 30, 40, and 70 to receive, possess and use in amounts as required any byproduct, source or special nuclear materials without restriction to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and (5) Pursuant to the Act and 10 CFR Parts 30, 40, and 70 to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility."

Cooper is trying to make the case that the facility is licensed by NRC, the H-3 exit sign is part of the facility, so that is also part of Coopers license. The exit sign isnt used for sample analysis or instrument calibration. The only item I found in the license that could apply to the H-3 signs is B.(4) where it talks about "components".

So I looked up what "components" meant. Section 109 of the Atomic Energy Act when mentioning "Component Parts and Other Parts of Facilities" refers to subsection 11cc. The definition in Chapter 2, subsection 11cc, states "The term Utilization Facility means (1) any equipment or device except an atomic weapon, determined by rule of the Commission to be capable of making use of special nuclear material in such quantity as to be of significance to the common defense and security, or in such manner as to affect the health and safety of the public, or peculiarly adapted for the common

defense and security, or in such manner as to affect the health and safety of the public; or (2) any important component part especially designed for such equipment or device as determined by the Commission.

Item (1) of the definition doesnt relate to the exit signs since they arent capable of making use of special nuclear material. Item (2) refers only to important components especially designed for the equipment capable of making use of special nuclear material. Even though the sign is located at the facility, I dont think the exit sign an be considered a component of the facility since it isnt especially designed for the equipment capable of making use of special nuclear material. If not a component of the facility, then its not included in Coopers operating license. If its not included under Coopers NRC license, then it is included in the material that NRC relinquished authority to Nebraska to regulate. The same is true for industrial radiographers coming in under reciprocity with the State to check welds at the facility during an outage.

"Osiris Siurano-Perez" To: <julia.schmitt@hhss.state.ne.us>

<OSP@nrc.gov> cc:

Subject:

H3 Signs at Power Plant 07/24/2003 03:06 PM

• • High Priority **

Hi Julia:

I tried to contact you today without success.

I got your message this morning. I talked to Dennis Sollenberger about your concerns and we agreed that we may need to write down a short summary of the situation you describe, since we may need to contact/forward this to OGC in order to make sure we are providing the correct information. So if you could send me a note on this or call back again I will appreciate it.

I want to serve you the best I can and as soon as possible.

I will not be here until next Monday (July 28). Ill try to contact you then in case I havent heard from you.

Have a nice weekend!

Thanks.

Osiris Siurano CC: <marysue.semerena@hhss.state.ne.us>

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Re: H3 Signs at Power Plant Creation Date: 7/25/03 9:41AM From: <julia.schmitt@hhss.state.ne.us>

Created By: julia.schmitt@hhss.state.ne.us Recipients nrc.gov owf1_po.OWFN_DO OSP (Osiris Siurano-Perez) hhss.state.ne.us marysue.semerena CC Post Office Route owf1_po.OWFN_DO nrc.gov hhss.state.ne.us Files Size Date & Time MESSAGE 5581 07/25/03 09:41AM Mime.822 7030 Options Expiration Date: None Priority: Standard Reply Requested: No Return Notification: None Concealed

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