ML100820472

Massachusetts Institute of Technology, Request for Additional Information, Decommissioning Funding

ML100820472
Person / Time
Site:	MIT Nuclear Research Reactor
Issue date:	04/06/2010
From:	Alexander Adams Research and Test Reactors Licensing Branch
To:	Dugan R Massachusetts Institute of Technology (MIT)
ADAMS A, NRC/NRR/DPR/PRLB 415-1127
References
TAC ME3002
Download: ML100820472 (5)

Text

April 6, 2010 Ms. Regina Dugan Associate Counsel/Insurance Manager Massachusetts Institute of Technology Office of the General Counsel Building 12-090 77 Massachusetts Avenue Cambridge, MA 02139-43067

SUBJECT:

MASSACHUSETTS INSTITUTE OF TECHNOLOGY C REQUEST FOR ADDITIONAL INFORMATION RE: DECOMMISSIONING FUNDING (TAC NO.

ME3002)

Dear Ms. Dugan:

We are continuing our review of your request and application to self-guarantee funding for decommissioning expenses for Facility Operating License No. R-37 for the Massachusetts Institute of Technology Reactor (MITR) submitted by letter dated October 27, 2009, as supplemented by letter dated December 22, 2009. During our review of your request and application, questions have arisen for which we require additional information and clarification.

Please provide responses to the enclosed request for additional information within 30 days of the date of this letter. In accordance with Title 10 of the Code of Federal Regulations Section 50.30(b), your response must be executed in a signed original under oath or affirmation.

Following receipt of the additional information, we will continue our evaluation of your request.

If you have any questions regarding this review, please contact me at (301) 415-1127.

Sincerely,

/RA/

Alexander Adams, Jr., Senior Project Manager Research and Test Reactors Licensing Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-20

Enclosure:

As stated cc w/enclosure:

See next page

ML100820472 NRR-088 OFFICE PRLB:PM PRLB:LA PFPB:PM PRLB:SC PRLB:PM NAME AAdams GLappert JSimpson KBrock AAdams DATE 3/18/2010 3/31/2010 3/31/2010 4/6/2010 4/6/2010 OFFICE OF NUCLEAR REACTOR REGULATION REQUEST FOR ADDITIONAL INFORMATION MASSACHUSETTS INSTITUTE OF TECHNOLOGY RE: REQUEST AND APPLICATION. SELF GUARANTEE, DECOMMISSIONING EXPENSES LICENSE NO. R-37; DOCKET NO. 50-20 By letter dated December 22, 2009, the Massachusetts Institute of Technology (MIT) submitted a request and application to the U. S. Nuclear Regulatory Commission (NRC) to change its method of providing decommissioning funding assurance to the self-guarantee method as allowed by Title 10 of the Code of Federal Regulations (10 CFR) Section 50.75(e)(1)(iii) for non-profit entities, such as universities. In order for the NRC staff to complete its review of the self-guarantee submittal, please provide the following supplemental information:

1. Recital 2 of the Massachusetts Institute of Technology Self-Guarantee Agreement states:

This self-guarantee is being issued to comply with regulations issued by the NRC, an agency of the U.S. Government, pursuant to the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974. NRC has promulgated regulations in Title 10, Chapter I of the Code of Federal Regulations, Part 70, and Title 10, Chapter I of the Code of Federal Regulations, Part 72, which require that a holder of, or an applicant for, a materials license issued pursuant to 10 CFR Part 50 and 10 CFR Part 70, provide assurance that funds will be available when needed for required decommissioning activities.

Please clarify why 10 CFR Part 72, which are the regulations for the licensing requirements for independent storage of spent nuclear fuel, high level radioactive waste, and reactor-related greater than Class C waste, is referenced. The intent of Recital 2 is to identify the regulations applicable to the licensee; MIT currently holds a 10 CFR Part 70 license and a 10 CFR Part 50 license, but does not hold a 10 CFR Part 72 license.

2. Recital 15, Sentence 2 and 3 of the Self-Guarantee Agreement states:

Such payment shall be held in escrow, by NRC, for the estimated decommissioning activities for the previously listed facilities, and shall satisfy guarantors financial assurance required under 10 CFR Part 50 and 10 CFR Part 70, as may be subject to adjustment to keep such estimate current, until guarantor ENCLOSURE

furnishes evidence of alternative financial assurance in compliance with 10 CFR Part 50 and 10 CFR Part 70. Upon approval by NRC of such alternative financial assurance, NRC shall return the payment made by guarantor in full.

The NRC does not have authority to act as an escrow agent for decommissioning funds.

In view of this fact, please delete the above sentences.

3. Recital 16 of the Self-Guarantee Agreement states:

The guarantor waives notice of acceptance of this self-guarantee by NRC. The guarantor expressly waives notice of amendments or modifications of the decommissioning requirements.

To comport with the format set forth in A.14.13 of NUREG-1757, Vol. 3, Consolidated NMSS Decommissioning Guidance, please insert expressly in the first sentence.

4. To comport MITs CFO Letter in the format as referenced in A.14.4 of NUREG-1757, Vol. 3, Consolidated NMSS Decommissioning Guidance, please reference 10 CFR Part 50 and 70 in Paragraphs 1 and 2 of the CFO Letter. The NRC notes that while the criteria for passing the financial test for the self-guarantee are established under 10 CFR Part 30, MIT is submitting a self guarantee to provide decommissioning funding assurance for its 10 CFR Part 50 and 10 CFR Part 70 licenses.

Massachusetts Institute of Technology Docket No. 50-20 cc:

City Manager City Hall Cambridge, MA 02139 Department of Environmental Protection One Winter Street Boston, MA 02108 Mr. Robert Gallagher, Acting Director Radiation Control Program Department of Public Health Schrafft Center, Suite 1M2A 529 Main Street Charlestown, MA 02129 Nuclear Preparedness Manager Massachusetts Emergency Management Agency 400 Worcester Road Framingham, MA 01702-5399 Test, Research, and Training Reactor Newsletter University of Florida 202 Nuclear Sciences Center Gainesville, FL 32611 Updated 1-14-2010