ML093370678

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University of Utah, Request for Additional Information, Regarding the Financial Qualifications for the Renewed License
ML093370678
Person / Time
Site: University of Utah
Issue date: 12/15/2009
From: Geoffrey Wertz
Research and Test Reactors Licensing Branch
To: Choe D
Univ of Utah
Wertz G, NRR/DPR/PRTA, 434-326-1086
References
TAC ME1599
Download: ML093370678 (6)


Text

December 15, 2009 Dr. Dong-Ok Choe Interim Reactor Administrator TRIGA Nuclear Research Reactor University of Utah 122 S. Central Campus Drive Room 104 Salt Lake City, UT 84112

SUBJECT:

UNIVERSITY OF UTAH - REQUEST FOR ADDITIONAL INFORMATION REGARDING THE UNIVERSITY OF UTAH TRIGA REACTOR LICENSE RENEWAL (TAC NO. ME1599)

Dear Dr. Choe:

The U.S. Nuclear Regulatory Commission is continuing the review of your application for renewal of Facility Operating License No. R-126 for the University of Utah TRIGA Reactor (UUTR) dated March 25, 2005. During our review, questions have arisen for which we require additional information and clarification. Please provide responses to the enclosed requests for additional information within 90 days after the date of this letter. 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, or need additional time to respond to this request, please contact me at 301-415-0893 or by electronic mail at: Geoffrey.wertz@nrc.gov.

Sincerely,

/RA By Kathryn M. Brock For/

Geoffrey Wertz, Project Manager Research and Test Reactors Branch A Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-407 License No. R-126

Enclosure:

As Stated cc w/encl: See next page

University of Utah TRIGA Reactor Docket No. 50-407 cc:

Mayor of Salt Lake City 451 South State Room 306 Salt Lake City, UT 84111 Dr. Raymond F. Gesteland Vice President for Research 201 S. Presidents Circle, Room 210 University of Utah Salt Lake City, UT 84112-9011 Dr. Doug Ok-Choe Interim Reactor Administrator and Reactor Supervisor 122 S. Central Campus Drive University of Utah Salt Lake City, UT 84112 Ms. Karen Langley Director, University of Utah Radiological Health 100 OSH, University of Utah Salt Lake City, UT 84112 Dr. Ronald J. Pugmire Associate Vice President for Research 210 Park, University of Utah Salt Lake City, UT 84112 Test, Research, and Training Reactor Newsletter Universities of Florida 202 Nuclear Sciences Center Gainesville, FL 32611 Director, Division of Radiation Control Dept. Of Environmental quality 168 North 1959 West P.O. Box 144850 Salt Lake City, UT 84114-4850

December 15, 2009 Dr. Dong-Ok Choe Interim Reactor Administrator TRIGA Nuclear Research Reactor University of Utah 122 S. Central Campus Drive Room 104 Salt Lake City, UT 84112

SUBJECT:

UNIVERSITY OF UTAH - REQUEST FOR ADDITIONAL INFORMATION REGARDING THE UNIVERSITY OF UTAH TRIGA REACTOR LICENSE RENEWAL (TAC NO. ME1599)

Dear Dr. Choe:

The U.S. Nuclear Regulatory Commission is continuing the review of your application for renewal of Facility Operating License No. R-126 for the University of Utah TRIGA Reactor (UUTR) dated March 25, 2005. During our review, questions have arisen for which we require additional information and clarification. Please provide responses to the enclosed requests for additional information within 90 days after the date of this letter. 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, or need additional time to respond to this request, please contact me at 301-415-0893 or by electronic mail at: Geoffrey.wertz@nrc.gov.

Sincerely,

/RA By Kathryn M. Brock For/

Geoffrey Wertz, Project Manager Research and Test Reactors Branch A Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-407 License No. R-126

Enclosure:

As Stated cc w/encl: See next page DISTRIBUTION:

PUBLIC DPR/PRT r/f RidsNrrDpr RidsNrrDprPrta RidsNrrDprPrtb GWertz, NRR GLappert, NRR JSimpson, NRR ACCESSION NO.:ML093370678

  • Via E-mail NRR-088 Office PRTA:PM
  • PRTA:LA PFPB
  • PRTA:BC PRTA:PM
  • Name GWertz GLappert JSimpson KBrock GWertz Date 12/2/09 12/14/09 12/14/09 12/15/09 12/15/09 OFFICIAL RECORD COPY

ENCLOSURE OFFICE OF NUCLEAR REACTOR REGULATION REQUEST FOR ADDITIONAL INFORMATION REGARDING FINANCIAL QUALIFICATIONS FOR THE RENEWED LICENSE FOR THE UNIVERSITY OF UTAH TRIGA REACTOR LICENSE NO. R-126; DOCKET NO. 50-407 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 March 2005 University of Utah (the University) application (the application) for a renewed license for the University of Utah TRIGA Reactor (UUTR).

1.

Under 10 CFR 50.33(d) certain information is required by the applicant, the University, as applicable. To comply with 10 CFR 50.33(d), the U. S. Nuclear Regulatory Commission (NRC) staff requests that the University state the organizational form of the University (e.g., agency of the State of Utah, etc.) and supply any information that pertains to the University. Accordingly, please state whether the University is owned, controlled, or dominated by an alien, a foreign corporation, or foreign government, and if so give details. If none of the provisions of 10 CFR 50.33(d) are applicable, please so state.

2.

The NRC staff will analyze the financial statements for the current year, which are required by 10 CFR 50.71(b), to determine if the University is financially qualified to operate the UUTR. Since the Universitys financial statements submitted in 2005 are now out of date, please provide a copy of the latest financial statements for the NRC staffs review.

3.

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

(a)

The estimated operating costs for the UUTR for each of the fiscal years (FY) 2012 to FY2016 (the first five years after projected license renewal).

(b)

The Universitys source(s) of funding to cover the operating costs for the above fiscal years.

4.

Pursuant to 10 CFR 50.75(d)(1), [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 10 CFR 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. In order for the NRC staff to complete its review of the decommissioning cost estimate, please update the application by including the following additional information:

(a)

A current cost estimate (2011 dollars) for the UUTR to meet the NRCs radiological release criteria for decommissioning the facility for unrestricted use to comply with 10 CFR 50.75(d)(2). Accordingly, describe the basis on how the cost estimate was developed, show costs specifically broken down into categories of labor, waste disposal, other items (such as energy, equipment, and supplies), and include a contingency factor of at least 25 percent.

(b)

A statement of the decommissioning method to be used (e.g., DECON, SAFSTOR, 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)(2)(ii).

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.

(c)

Indicate which method or methods described in paragraph (e) of 10 CFR 50.75 will be used to provide funds for decommissioning the UUTR (e.g., statement of intent (SOI), prepayment, etc.) (Note: If the University intends to use a SOI, please refer to item five (5) below).

(d)

A numerical example showing how the 2011 decommissioning cost estimate will be updated periodically in the future.

5.

Where the applicant intends to use a SOI as the method to provide decommissioning funding assurance, as provided for by 10 CFR 50.75(e)(1)(iv), 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 statement of intent is authorized to execute said document that binds the applicant. 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 date of the submittal of the SOI; the current cost estimate (2011 dollars) for decommissioning; a statement that funds for decommissioning will be obtained when necessary; typed name and title of the signator, and original signature of the signator; and the signators oath or affirmation attesting to the information.

(b)

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

(c)

A statement as to whether the decommissioning funding obligations for the UUTR are backed by the State of Utah government. The application must also present documentation 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 obligations backed or supported by the full faith and credit of the State of Utah, 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 Utah.

(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 Universitys governing board or equivalent resolution that shows that the signator of the SOI has been authorized by the University to bind the University financially, at least with respect to funding the decommissioning of the UUTR, or provide a copy of an official Utah delegation of authority showing that the signator of the SOI is authorized to bind the University financially, at least with respect to funding the decommissioning of the UUTR.