ML093270017

Rhode Island Atomic Energy Commission, Request for Additional Information the Rhode Island Nuclear Science Center Reactor License Renewal (Tac ME1598)

ML093270017
Person / Time
Site:	Rhode Island Atomic Energy Commission
Issue date:	11/24/2009
From:	William Kennedy Research and Test Reactors Licensing Branch
To:	Tehan T State of RI, Atomic Energy Comm
Kennedy, W B, NRR/DPR, 415-2784
References
TAC ME1598
Download: ML093270017 (6)

Text

November 24, 2009 Dr. T. Tehan, Director Rhode Island Nuclear Science Center Rhode Island Atomic Energy Commission 16 Reactor Road Narragansett, RI 02882-1165

SUBJECT:

RHODE ISLAND ATOMIC ENERGY COMMISSION, REQUEST FOR ADDITIONAL INFORMATION REGARDING THE RHODE ISLAND NUCLEAR SCIENCE CENTER REACTOR LICENSE RENEWAL (TAC NO. ME1598)

Dear Dr. Tehan:

The U.S. Nuclear Regulatory Commission (NRC) is continuing the review of your application for renewal of Facility Operating License No. R-95 for the Rhode Island Nuclear Science Center Reactor dated May 3, 2004. During our review, questions have arisen for which we require additional information and clarification. Please provide responses to the enclosed requests for additional information no later than January 23, 2010. In accordance with Title 10 of the Code of Federal Regulations Part 50.30(b), your response must be executed in a signed original under oath or affirmation.

If you have any questions regarding this review, please contact me at 301-415-2784 or by electronic mail at William.Kennedy@nrc.gov.

Sincerely,

/RA/

William B. Kennedy, Project Manager Research and Test Reactors Branch A Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-193

Enclosure:

As stated cc: See next page

Rhode Island Atomic Energy Commission Docket No. 50-193 cc:

Governor Donald Carcieri Dr. Alfred L. Allen State House Room 115 425 Laphan Farm Road Providence, RI 02903 Pascoag, RI 02859 Dr. Stephen Mecca, Chairman Mr. Jack Ferruolo, Supervising Radiological Rhode Island Atomic Energy Commission Health Specialist Providence College Office of Occupational and Radiological Department of Engineering-Physics Health Systems Rhode Island Department of Health River Avenue 3 Capitol Hill, Room 206 Providence, RI 02859 Providence, RI 02908-5097 Dr. Harry Knickle, Chairman Test, Research, and Training Nuclear and Radiation Safety Committee Reactor Newsletter University of Rhode Island University of Florida College of Engineering 202 Nuclear Sciences Center 112 Crawford Hall Gainesville, FL 32611 Kingston, RI 02881 Dr. Andrew Kadak 253 Rumstick Road Barrington, RI 02806 Dr. Bahram Nassersharif Dean of Engineering University of Rhode Island 102 Bliss Hall Kingston, RI 20881 Dr. Peter Gromet Department of Geological Sciences Brown University Providence, RI 02912

November 24, 2009 Dr. T. Tehan, Director Rhode Island Nuclear Science Center Rhode Island Atomic Energy Commission 16 Reactor Road Narragansett, RI 02882-1165

SUBJECT:

RHODE ISLAND ATOMIC ENERGY COMMISSION, REQUEST FOR ADDITIONAL INFORMATION REGARDING THE RHODE ISLAND NUCLEAR SCIENCE CENTER REACTOR LICENSE RENEWAL (TAC NO. ME1598)

Dear Dr. Tehan:

The U.S. Nuclear Regulatory Commission (NRC) is continuing the review of your application for renewal of Facility Operating License No. R-95 for the Rhode Island Nuclear Science Center Reactor dated May 3, 2004. During our review, questions have arisen for which we require additional information and clarification. Please provide responses to the enclosed requests for additional information no later than January 23, 2010. In accordance with Title 10 of the Code of Federal Regulations Part 50.30(b), your response must be executed in a signed original under oath or affirmation.

If you have any questions regarding this review, please contact me at 301-415-2784 or by electronic mail at William.Kennedy@nrc.gov.

Sincerely,

/RA/

William B. Kennedy, Project Manager Research and Test Reactors Branch A Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-193

Enclosure:

As stated cc: See next page DISTRIBUTION:

PUBLIC DPR/PRT r/f RidsNrrDpr RidsNrrDprPrta RidsNrrDprPrtb WKennedy, NRR GLappert, NRR ACCESSION NO.:ML093270017 NRR-088 Office PRTA:PM PRTA:LA PRTA:BC PRTA:PM Name WKennedy wbk GLappert gkl KBrock kmb WKennedy wbk Date 11/23/09 11/23/09 11/23/09 11/24/09

OFFICE OF NUCLEAR REACTOR REGULATION REQUEST FOR ADDITIONAL INFORMATION REGARDING LICENSE RENEWAL FOR THE RHODE ISLAND NUCLEAR SCIENCE CENTER REACTOR LICENSE NO. R-95 DOCKET NO. 50-193 As required by Title 10 of the Code of Federal Regulations (10 CFR) Section 50.33(f)(2),

[a]pplicants to renew or extend the term of an operating license for a nonpower reactor shall include the financial information that is required in an application for an initial license. To comply with this requirement, please provide the following updated and supplemental information to the May 3, 2004, Rhode Island Atomic Energy Commission (RIAEC, the applicant) application (the application) for a renewed license for the Rhode Island Nuclear Science Center reactor (RINSC).

1. The U. S. Nuclear Regulatory Commission (NRC) staff will analyze the financial statements for the current year, which are required by 10 CFR 50.71(b), to determine if the applicant is financially qualified to operate the RINSC. Since RIAECs financial statements were not included with the application, please provide a copy of the latest financial statements for the NRC staffs review.

2. Pursuant to 10 CFR 50.33(f)(2), the regulation states that [t]he applicant shall submit estimates for total annual operating costs for each of the first five years of operations of the facility. Since the information included in the application is now out of date, please provide the following additional information:

(a) Projected operating costs of the RINSC for each of the fiscal years (FY) 2011 thru FY2015 (the first five year period after the projected license renewal).

(b) Confirm that RIAECs primary source of funding to cover the operating costs for the above FY will be funded by an annual appropriation from the state of Rhode Islands budget as described in the application.

3. The May 3, 2004, application references a decommissioning cost estimate for the RINSC of $30,000,000. NRC Regulation 10 CFR 50.75(d)(1) states that, [e]ach non-power reactor applicant for or holder of an operating license for a production or utilization facility shall submit a decommissioning report as required by §50.33(k) of this part.

Under 10 CFR 50.75(d)(2) the report must (i) Contain a cost estimate for decommissioning the facility; (ii) Indicate which method or methods described in paragraph (e) of this section as acceptable to the NRC will be used to provide funds for decommissioning; and (iii) Provide a description of the means of adjusting the cost estimate and associated level periodically over the life of the facility.

ENCLOSURE

Since the NRC staff needs the following additional information to complete its review of the RINSC application, please update the application by providing the following:

(a) A current decommissioning cost estimate in 2010 dollars for the RINSC to meet the NRCs radiological release criteria for decommissioning the facility for unrestricted use, pursuant to 10 CFR 50.75(d)(2). Accordingly, describe the basis for how the cost estimate was developed, showing costs, in current dollars, specifically broken down into the categories of labor, waste disposal, other items (such as energy, equipment, and supplies), and a 25 percent contingency factor.

(b) State the decommissioning method to be used (e.g., DECON, or other method).

(c) A description of the means of adjusting the cost estimate and associated funding level periodically over the life of the facility, to comply with 10 CFR 50.75(d)(20(iii). Since the application does not provide this information, please update the application to include a full description of the method to be used as the means of adjusting the cost estimate and associated funding level periodically over the life of the facility (e.g., Consumer Price Indices, etc.). Also, please provide a detailed numerical example showing how the 2010 cost estimate will be adjusted periodically in the future.

4. The application indicates that RIAEC plans to use a statement of intent (SOI) as the method to provide decommissioning funding assurance, as provided for by 10 CFR 50.75(e)(1)(iv). Where the applicant intends to use a SOI, the NRC staff must find that the applicant is a Federal, State, or local government licensee... To make this finding, the applicant must state that it is a State government organization and that the decommissioning funding obligations of the applicant are backed by the State government, and also provide corroborating documentation. Further, the applicant must provide documentation verifying that the signator of the SOI is authorized to execute said document that binds the RIAEC. This document may be a governing body resolution, management directives, or other form that provides an equivalent level of assurance. As the application does not include all of the above information, please submit the following:

(a) An updated SOI which includes the current (2010 dollars) cost estimate for decommissioning, a statement that funds for decommissioning will be obtained when necessary, and the signators oath or affirmation attesting to the information.

(b) Documentation that corroborates the statement in the application that the RIAEC is a State agency and a State of Rhode Island government licensee under 10 CFR 50.75(e)(2)(iv).

(c) A statement as to whether the decommissioning funding obligations for the RINSC are backed by the State of Rhode Island government. The application must also present information that corroborates this statement. For example, the documentation may be a copy of or complete citation to a state statute that expressly provides that the obligations, or at least the decommissioning funding obligations, of the applicant are backed or supported by the full faith and credit of the State of Rhode Island, or an opinion of the applicants General Counsel with citations to statutes, regulations, and/or case law that the obligations, or at least

with respect to the decommissioning funding obligations, of the applicant are obligations backed or supported by the full faith and credit of the State of Rhode Island.

(d) Documentation verifying that the signator of the SOI is authorized to execute such a document that binds the applicant financially. For example, provide a copy of the RIAECs governing board or equivalent resolution that shows that the signator of the SOI has been authorized by the RIAEC to bind the RIAEC financially, at least with respect to funding the decommissioning of the RINSC, or provide a copy of an official RIAEC delegation of authority showing that the signator of the SOI is authorized to bind the RIAEC financially, at least with respect to funding the decommissioning of the RINSC.