ML103120034

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M. Curley Ltr. Leslie C. Wilbur Nuclear Reactor Facility - Amendment Decommissioning Plan Approval
ML103120034
Person / Time
Site: 05000134
Issue date: 03/29/2011
From: Mcconnell K
NRC/FSME/DWMEP/DURLD
To: Curley M
Worcester Polytechnic Institute
Ted Carter, 415-5543
Shared Package
ML103120030 List:
References
Download: ML103120034 (11)


Text

March 29, 2011 Mr. Michael J. Curley Director, Nuclear Reactor Facility Worchester Polytechnic Institute 100 Institute Road Worcester, MA 01609-2280

SUBJECT:

LESLIE C. WILBUR NUCLEAR REACTOR FACILITY - AMENDMENT NO. 12 DECOMMISSIONING PLAN APPROVAL

Dear Mr. Curley:

The U.S. Nuclear Regulatory Commission (NRC) is issuing the enclosed Amendment No. 12 to Facility Operating License No. R-61 for the Leslie C. Wilbur Nuclear Reactor Facility (LCWNRF),

Docket No. 50-134.

Your application of September 30, 2009 (see ADAMS ML092880231), proposed decontamination and decommissioning activities leading to the termination of Worcester Polytechnic Institutes (WPIs or licensees) NRC License R-61, Docket No. 50-134 and release of the LCWNRF for unrestricted use. On this basis, the safe storage (SAFSTOR) and entombment (ENTOMB) decommissioning options were considered inappropriate to WPIs future plans, and decontamination and dismantlement (DECON) is the decommissioning alternative selected by WPI.

Your decommissioning plan (DP) features the following information associated with the WPI LCWNRF: a description of the present radiological condition of the LCWNRF and site environs, a description of the planned approach to be employed, descriptions of the methods that will be utilized to ensure protection of the health and safety of the workers and to protect the environment and the public from radiological hazards, a description of the physical security and material accountability controls that will be in place during the various project phases, a description of the radioactive waste management and disposal, a cost estimate for decommissioning the LCWNRF and a discussion of the source of funding for these activities, a decommissioning project schedule, a description of the applicable quality assurance program, a description of the training program to be established for personnel performing work in support of the project, and a Environmental Report concerning the expected impact of performing the decommissioning activities.

Amendment No. 12 approves the DP for the WPIs LCWNRF. The amendment incorporates the DP into the license as a supplement to the Safety Analysis Report pursuant to 10 CFR 50.82(b)(5). Based on the NRC staffs review of the licensees application for approval of decommissioning, the staff finds that the licensee is adequately cognizant of its continuing responsibilities to protect the health and safety of both workers and the public from undue radiological risk. The licensee provided reasonable assurance that the dismantlement of the reactor and disposal of all significant reactor-related radioactive materials would be conducted safely and in accordance with applicable regulations and NRC guidance. The staff has concluded that the choice of the DECON decommissioning option is acceptable and meets the

M. Curley 2 requirements of 10 CFR 50.82(b)(4)(i) for decommissioning without significant delay. Therefore, based on the discussion above, the staff concludes that the licensees DP meets the requirements of 10 CFR 50.82(b)(4).

The staff also finds that the licensees Environmental Report sufficiently addresses the potential environmental impacts that may arise during the decommissioning of the LCWNRF. The staff prepared an Environmental Assessment (EA) (ML102020428) in support of this amendment in accordance with requirements of 10 CFR Part 51. Based on the EA, the NRC concluded that a Finding of No Significant Impact (FONSI) was appropriate. The FONSI was published in the Federal Register on October 7, 2010 (75 FR 62151-62153).

The staff initiated section 106 of the National Historical Preservation Act of 1966 which affords the Massachusetts State Historic Preservation Officer (SHPO) an opportunity to comment on activities which may affect Historical Landmarks. It was determined by the SHPO that the decommissioning activities are unlikely to affect significant historic or archaeological resources.

A copy of this response can be found in NRC Public Document Room or from the Publicly Available Records component of NRCs Agencywide Documents Access and Management System (ADAMS) under ML110660209.

On the basis of the considerations discussed above, the staff has concluded that:

(1) because the amendment does not involve a significant increase in the probability or consequences of accidents previously evaluated, does not create the possibility of a new or different kind of accident from any accident previously evaluated, and does not involve a significant reduction in a margin of safety, the amendment does not involve a significant hazards consideration, (2) there is reasonable assurance that the health and safety of the public will not be endangered by the proposed activities, and (3) such activities will be conducted in compliance with NRC regulations, and the issuance of this amendment will not be inimical to the common defense and security, or the health and safety of the public. A copy of the safety evaluation supporting Amendment No. 12 is also enclosed.

In accordance with 10 CFR 2.390, a copy of this letter will be available electronically for public inspection in ADAMS and is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (The Public Electronic Reading Room).

M. Curley 3 If you have any questions regarding this review, please contact me at (301) 415-5543, or by e-mail, to Ted.Carter@nrc.gov.

Sincerely,

/RA/

Keith I. McConnell, Deputy Director Decommissioning and Uranium recovery Licensing Directorate, Division of waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No.: 50-134

Enclosures:

1. Amendment No. 12
2. Safety Evaluation cc w/enclosures: see next page

M. Curley 3 If you have any questions regarding this review, please contact me at (301) 415-5543, or by e-mail, to Ted.Carter@nrc.gov.

Sincerely,

/RA/

Keith I. McConnell, Deputy Director Decommissioning and Uranium recovery Licensing Directorate, Division of waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket No.: 50-134

Enclosures:

1. Amendment No. 12
2. Safety Evaluation cc w/enclosures: see next page ML103120030 OFFICE MDB/PM MDB/LA OGC MDB/BC DURLD/DD NAME TCarter SAchten HBenowitz NLO PMichalak KMcConnell DATE 11/14/2010 11/12/2010 11/ 30 /2010 12/17/2010 / /2011 OFFICIAL RECORD COPY

Worcester Polytechnic Institute Docket No 50-134 cc:

City Manager City Hall 455 Mail Street, Room 309 Worcester, MA 01608 Dr. John A Orr Provost ad interim and Dean of Undergraduate Studies Office of Academic Affairs Worcester Polytechnic Institute 100 Institute Road Worcester, MA 01609 District Fire Chief Worcester Fire Department 141 Grove Street Worcester, MA 01605 Central Regional Director Department of Environmental Protection 627 Main St Worcester, MA 01608 Director Radiation Control Program Department of Public Health 529 Main Street Charlestown, MA 02129 Nuclear Preparation 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

WORCESTER POLYTECHNIC INSTITUTE DOCKET NO. 50-134 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No. 12 License No. R-61

1. The U.S. Nuclear Regulatory Commission (the Commission) has found that:

A. The application for an amendment to Facility Operating License No R- 61 filed by Worcester Polytechnic Institute (the licensee) on September 30, 2009 conforms to the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the regulations of the Commission as stated in Chapter I of Title 10 of the Code of Federal Regulations (10 CFR);

B. The facility will be possessed and decommissioned in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C. There is reasonable assurance that (i) the activities authorized by this amendment can be conducted without endangering the health and safety of the public and (ii) such activities will be conducted in compliance with the regulations of the Commission; D. The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; E. This amendment is issued in accordance with the regulations of the Commission as stated in 10 CFR Part 51, and all applicable requirements have been satisfied.

2. Accordingly, the license is amended by the addition of paragraph 2.D to Facility Operating License No. R-61 which hereby reads as follows:

2.D. Decommissioning

a. The license is amended to approve the decommissioning plan described in the licensees application dated September 30, 2009, and authorizes inclusion of the decommissioning plan as a supplement to the Safety Analysis Report pursuant to 10 CFR 50.82(b)(5);
b. The licensee may make changes to the decommissioning plan without prior approval provided the proposed changes do not:

(i) Require Commission approval pursuant to 10 CFR 50.59; (ii) Use a statistical test other than the Sign test or Wilcoxon Rank Sum test for evaluation of the final status survey; Enclosure 1

(iii) Increase the radioactivity level, relative to the applicable derived concentration guideline level, at which an investigation occurs; (iv) Reduce the coverage requirements for scan measurements; (v) Decrease an area classification (i.e., impacted to unimpacted; Class 1 to Class 2; Class 2 to Class 3; or Class 1 to Class 3);

(vi) Increase the Type I decision error; (vii) Increase the derived concentration guideline levels and related minimum detectable concentrations (for both scan and fixed measurement methods);

(viii) Result in significant environmental impacts not previously reviewed.

c. The licensee shall submit reports of all characterization surveys performed that were not part of the license amendment application to justify the classification of areas that were not accessible. These reports shall be submitted for review prior to performing the final status survey.
3. This licensee amendment is effective as of the date of its issuance FOR THE U. S. NUCLEAR REGULATORY COMMISSION

/RA/

Keith I. McConnell, Deputy Director Decommissioning and Uranium recovery Licensing Directorate, Division of waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs

Attachment:

Page Changes to Facility Operating License Date of Issuance: March 29, 2011

ATTACHMENT TO LICENSE AMENDMENT NO. 12 FACILITY OPERATING LICENSE NO. R-61 DOCKET NO. 50-134 Replace the following pages of Facility Operating License No. R-61 with the attached pages.

The revised pages are identified by amendment number and contain vertical lines indicating the areas of change.

Remove Insert 2 2 3 3 4 4

H. The receipt, possession and use of the byproduct and special nuclear materials as authorized by this license will be in accordance with the Commissions regulations in 10 CFR Parts 30 and 70, including sections 30.33, 70.23 and 70.31.

2. Facility Operating License No. R-61 is hereby amended in its entirety to read as follows:

A. This license applies to the pool-type training and research reactor (hereinafter the reactor), that is owned by Worcester Polytechnic Institute and located on the Institutes campus at Worcester, Massachusetts, and described in the application for license renewal dated July 16, 1979, as supplemented by filings dated July 20, 1979, September 27, 1979, October 26, 1979, May 22, 1980, June 12, 1980, November 20, 1980, January 19, 1981, March 3, 1982, and October 26, 1982.

B. Subject to conditions and requirements incorporated herein, the Commission hereby licenses the Worcester Polytechnic Institute at Worcester, Massachusetts:

(1) Pursuant to Section 104c of the Act and 10 CFR, Chapter 1, Part 50, Domestic Licensing of Production and Utilization Facilities, to possess the reactor in accordance with the procedures and limitations described in the application and in this license; (2) Pursuant to the Act and 10 CFR Part 70, Domestic Licensing of Special Nuclear Material, to possess but not use up to a maximum of 5.2 Kilograms of contained U-235 at enrichments less than 20% and 16 grams of plutonium as Pu-Be source.

(3) Pursuant to the Act and 10 CFR, Chapter 1, Part 30, Rules of General Applicability to Domestic Licensing of Byproduct Material to possess, but not to separate, such byproduct materials as may be produced by operation of the reactor.

(4) Deleted C. This license shall be deemed to contain, and be subject to, the conditions specified in the following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of 10 CFR Part 30, and Section 70.32 of part 70, and is subject to all applicable provisions of the Act and rules, regulations and orders of the Commission now, or hereafter in effect, and is subject to the additional conditions specified below:

Amendment No. 12 March 29, 2011

(1) Maximum Power Level The licensee may not operate the reactor.

(2) Technical Specifications The technical specifications contained in Appendix A, as revised through Amendment No. 11, are hereby incorporated in the license. The licensee shall possess the facility in accordance with the technical specifications.

(3) Physical Security Plan The licensee shall maintain and fully implement all provisions of the Commissions approved physical security plan, including amendments and changes made pursuant to the authority of 10 CFR 50.54(p). The approved security plan consists of documents withheld from public disclosure pursuant to 10 CFR 2.390, entitled Worcester Polytechnic Institute Physical Security Plan, dated June 11, 1980, and submitted by letter dated June 12, 1980, as amended by revision 1 dated November 20, 1980.

D. Decommissioning

a. The license is amended to approve the decommissioning plan described in the licensees application dated September 30, 2009, and authorizes inclusion of the decommissioning plan as a supplement to the Safety Analysis Report pursuant to 10 CFR 50.82(b)(5);
b. The licensee may make changes to the decommissioning plan without prior approval provided the proposed changes do not:

(i) Require Commission approval pursuant to 10 CFR 50.59; (ii) Use a statistical test other than the Sign test or Wilcoxon Rank Sum test for evaluation of the final status survey; (iii) Increase the radioactivity level, relative to the applicable derived concentration guideline level, at which an investigation occurs; (iv) Reduce the coverage requirements for scan measurements; (v) Decrease as area classification (i.e., impacted to unimpacted; Class 1 to Class 2; Class 2 to Class 3; or Class 1 to Class 3);

(vi) Increase the Type I decision error; Amendment No. 12 March 29, 2011

(vii) Increase the derived concentration guideline levels and related minimum detectable concentrations (for both scan and fixed measurement methods); and (viii) Result in significant environmental impacts not previously reviewed.

c. The licensee shall submit reports of all characterization surveys performed that were not part of the license amendment application to justify the classification of areas that were not accessible. These reports shall be submitted for review prior to performing the final status survey.

E. deleted F. This licensee amendment is effective as of the date of its issuance FOR THE U. S. NUCLEAR REGULATORY COMMISSION

/RA/

Keith I. McConnell, Deputy Director Decommissioning and Uranium recovery Licensing Directorate, Division of waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Amendment No. 12 March 29, 2011