ML102920681

Us Dept of Commerce, National Institutes of Standard & Technology, Unannounced Inspections at Research and Test Reactors

ML102920681
Person / Time
Site:	National Bureau of Standards Reactor
Issue date:	10/12/2010
From:	O'Kelly S US Dept of Commerce, National Institute of Standards & Technology (NIST)
To:	Leeds E Office of Nuclear Reactor Regulation
References
Download: ML102920681 (3)

Text

UNITED3 STATES DEPARTMENT OF COMMERCE National Institute of Standards and Technology F Gaithersburg, Maryland 20899-

`-rs of '0 October 12, 2010 Eric J. Leeds Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852

Subject:

Unannounced Inspections at Research and Test Reactors Mr. Leeds:

During the recent meeting of the Organizations of Test, Research and Training Reactors (TRTR),

Mr. Johnny Eads told the attendees that he and Craig Bassett had performed a "surprise" inspection at the University of Missouri Research Reactor (MURR) in the summer and intended to perform similar inspections at other facilities before the end of the year. This came as a surprise to many of the NIST staff attending the TRTR meeting because Mr. Eads had already been informed in early 2010 that the NIST Center for Neutron Research (NCNR) did not believe unannounced inspections at Research and Test Reactors (RTR) were required by regulations and NRC inspectors attempting to perform these unannounced inspections at the NCNR would not be permitted access until our access (operational and security) requirements are met. Mr. Eads' announcement at the TRTR meeting appears to indicate that the NRC is unwilling to address our concerns or dissenting opinions outside a public forum; therefore, the NCNR considers it appropriate to inform you of the matter and explain why these unannounced inspections are inappropriate at RTR.

Quoting the entirety of 10CFR50.70 here would not be useful; however, paragraphs within the section that are considered applicable to RTR are listed in NUREG 1537, Part 1, Appendix A, which, as stated by NRC staff, was signed with "no regulatory objection" by the NRC Office of General Counsel when NUREG 1537 was issued. The applicable sections listed in the Appendix are §§ 50.70(a), 50.70(b)(1) and 50.70(b)(3). Please note that the paragraph concerning unannounced inspections (§ 50.70(b)(4)) is not listed. 10CFR50.70(b)(4) states, "The licensee or construction permit holder (nuclear power reactor only) shall ensure that the arrival and presence of an NRC inspector, who has been properly authorized facility access as described in paragraph (b)(3) of this section, is not announced or otherwise communicated by its employees or contractors to other persons at the facility unless co specifically requested by the NRC inspector." / oz N_ "r=

The wording of this section also supports the contention that unannounced inspections at RTR are beyond the authority of this regulation because the phrase in the parenthesis, "(nuclear power reactor only)," acts on the conjunction of "licensee or construction permit holder." Based on NUREG-1537 and the language of §50.70(b)(4), it is clear that unannounced inspections are not a regulatory requirement at RTR.

Mr. Eads noted during his TRTR presentation and while visiting the NCNR that the regulations require the facility to permit "unfettered access" and that was his authority for unannounced inspections. The NCNR strongly disagrees with that interpretation of the regulations but does agree that any NRC Inspector assigned to the NCNR should be permitted unfettered access to the facility. 10CFR50.70(b)(3) does apply to RTR (as noted in NUREG 1537) and all Inspectors are provided "unfettered access." The definition of unfettered is to be "free and unrestrained" and the context is clear in §50.70(b)(3):

"The licensee or construction permit holder shall afford any NRC resident inspector assigned to that site, or other NRC inspectors identified by the Regional Administrator as likely to inspect the facility, immediate unfettered access, equivalent to access provided regular plant employees, following proper identification and compliance with applicable access control meaures [sic] for security, radiological protection and personal safety."

NRC Inspectors are provided free access throughout the NCNR facility either unescorted or escorted depending on the specific areas visited. Many areas at the NCNR have access restrictions for security, radiological protection and personal safety requiring an escort but no Inspector will ever have their access limited or be prevented from inspecting any area unless there is a concern for their safety. Several areas at the NCNR may only be accessed by NCNR Reactor Operations and Engineering staff members and Health Physics personnel due to the specific conditions in those areas but any designated NRC Inspector may be taken to those areas if it is requested and he or she is escorted.

Mr. Eads specifically noted in his TRTR presentation that he wanted to inspect MURR after midnight to observe activities such as fuel handling and experiment manipulation that only occurred during this time period at MURR. (It should be noted that the MURR Director, Ralph Butler, authorized the unannounced inspection after being contacted by Mr. Eads, but chose not to inform his staff.) A long term policy at the NCNR is that no major operational or maintenance activities are scheduled on the midnight shift (0000 to 0800) and minimal activities are performed on the swing shift (1600 to 2400). This risk management policy minimizes operational activities when on-site NCNR staff levels are the lowest (three to four operators per shift) and there is no duty health physicist present on-site. Further, there is relatively little time available on these back shifts because the reactor operators continuously monitor the reactor and perform frequent tours for security and experimental system monitoring. Thus, it would be an ineffective use of an NRC Inspector's valuable time to perform an inspection (announced or unannounced) when no activity is occurring that may be observed and no records of significance are available.

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In summary, the NCNR strongly disagrees with the interpretation of the regulations by the Research and Test Reactor Branch B on the need and the authority for unannounced inspections at RTR. All NRC Inspectors designated to inspect the NCNR have always been and will continue to be provided unfettered access as long as the inspection is scheduled with sufficient advanced notice to ensure that adequate personnel are available to support the inspection with minimum impact on the required operational and security duties of the operators. Thank you for your time and we hope to have a resolution to this issue in the near future. Please contact me at 301-975-6260 if you require additional information.

Sincerely, Sean 'K Chief, NCNR Reactor Operations and Engineering CC.

R. Dimeo, Director, NIST Center for Neutron Research T. McGinty, NRR/DPR 3