ML110040316

University of Texas at Austin - Renewal of Facility Operating License No. R-129, Docket No. 50-602

ML110040316
Person / Time
Site:	University of Texas at Austin
Issue date:	01/21/2011
From:	Linh Tran Research and Test Reactors Licensing Branch
To:	Biegalski S University of Texas at Austin
tran L, NRC/NRR/DPR/PRLB 415-4103
References
Download: ML110040316 (11)

Text

January 21, 2011 Dr. Steven R. Biegalski, Director Nuclear Engineering Teaching Laboratory The University of Texas at Austin 1 University Station, R9000 Austin, Texas 78712

SUBJECT:

UNIVERSITY OF TEXAS AT AUSTIN - RENEWAL OF FACILITY OPERATING LICENSE NO. R-129, DOCKET NO. 50-602

Dear Dr. Biegalski:

This letter is to remind you that the Facility Operating License No. R-129 for the Nuclear Engineering Teaching Laboratory (NETL) reactor at the University of Texas at Austin is scheduled to expire on January 17, 2012, and to provide you guidance for preparing your application for a renewal of the license. Title 10 of the Code of Federal Regulations (10 CFR)

Section 2.109 allows continued operation under your current license until the U.S. Nuclear Regulatory Commission (NRC) acts upon an application for renewal provided the application is received at least 30 days prior to the expiration date of your current license.

Your license renewal will involve the reissuance of a new license. Therefore, renewal is not merely a routine administrative step, but involves reviews of all documentation related to the facility, onsite reviews, and publication in the Federal Register of a notice of your request that provides the opportunity for public participation, as well as a notice of the results of our review of your application.

Your renewal application should address the requirements in applicable sections of 10 CFR, and should demonstrate that the reactor can continue to be operated safely and without adverse impact on the environment or the public. The NRC staff recommends that the content and format of your renewal application follows the guidance provided in NUREG-1537, Part 1, "Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors, Format and Content. NUREG-1537, Part 1, can be found in the NRCs Agencywide Documents Access and Management System (ADAMS), which provides text and image files of the NRC's public documents, under ADAMS Accession Number ML042430055.

In order for us to perform an adequate review, you are requested to include, as part of your application, all of the following documentation, in accordance with 10 CFR 50.33 and 50.34:

1. Updated Safety Analysis Report (SAR)

A complete updated edition of your SAR is required to be submitted with your renewal application. The SAR should include information that describes the facility and all changes made during the license period; the design bases and limits on its operation; and a safety analysis of the structures, components and systems to ensure that they

will be able to continue to perform their intended functions. Potential and reasonable accident scenarios and their consequences should be analyzed using the best current input data and computational techniques. Information should be compared, wherever possible, with facility operating experience.

Furthermore, the SAR should include, if applicable, updated information and analyses on demography, meteorology, geology, seismology, and other natural and man-made phenomena. Again, NUREG-1537, Part 1 provides guidance on format and content to be followed and included in the SAR.

2. Financial Qualifications (10 CFR 50.33 and 10 CFR 50.75)

Financial Qualifications (10 CFR 50.33)

Pursuant to 10 CFR 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, you are requested to provide the following information, appropriately certified.

Pursuant to 10 CFR 50.33(d), Contents of applications, general information, certain information is required by the applicant, as applicable. For the NRC staffs review of the license renewal application, you are requested to provide the following information in the application:

a. A statement of the organization form of the University of Texas at Austin;

b. A statement as to whether the University of Texas at Austin is owned, controlled, or dominated by an alien, a foreign corporation, or foreign government, and if so give details; and

c. A statement that none of the provisions of 10 CFR 50.33(d) apply.

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 applicant is financially qualified to operate the reactor. To facilitate our review, you are request to provide the most recently published annual financial statement for the University of Texas.

Pursuant to 10 CFR 50.33(f)(2), you are requested to provide the estimated annual operating costs for the first 5 year period after the projected license renewal, the underlying assumptions and bases of the estimate, and the source(s) of funding to cover these costs.

Financial Qualifications (10 CFR 50.75)

Pursuant to 10 CFR 50.33(k), the NRC requires that an application for an operating license for a utilization facility to provide information to demonstrate how reasonable assurance will be provided that funds will be available to decommission the facility.

Under 10 CFR 50.75(d), each nonpower reactor applicant for or holder of an operating license shall submit a decommissioning report that contains a cost estimate for decommissioning the facility, an indication of the funding method(s) to be used to provide

funding assurance for decommissioning, and a description of the means of adjusting the cost estimate and associated funding level periodically over the life of the facility. For the NRC staffs review, the following information is requested to be included in the application:

a. A current cost estimate to decommission the NETL reactor (to meet the NRCs radiological release criteria for decommissioning the facility for unrestricted use) as well as the basis for the cost estimate. Also, please provide a summary of total decommissioning costs by labor, waste disposal, other items (such as energy, equipment, and supplies), and a 25 percent contingency factor;

b. An indication of the funding method(s) to be used to provide funds for decommissioning; and

c. A description of the means of adjusting the cost estimate and associated funding level periodically over the life of the facility. Also, please provide a detailed numerical example updating the cost estimate.

If the applicant intends 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), 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. If it is the University of Texas at Austins intent to use an SOI to provide financial assurance for decommissioning, the NRC staff requests the following information be included in the application:

a. An updated SOI which includes the current (2011 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 that the University of Texas at Austin is a State agency and a State of Texas government licensee under 10 CFR 50.75 (e)(2)(iv);

c. A statement as to whether the decommissioning funding obligations for the University of Texas at Austin NETL reactor are backed by the State of Texas 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 obligations backed or supported by the full faith and credit of the State of Texas, 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 Texas; and

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 University of Texas at Austins governing board or equivalent resolution that shows that the signator of the SOI has been authorized by the University of Texas at Austin to bind it, at least with respect to funding the decommissioning of the University of Texas at Austin NETL reactor, or provide a copy of an official University of Texas at Austin delegation of authority showing that the signator of the SOI is authorized to bind the University of Texas at Austin financially, at least with respect to funding the decommissioning for the University of Texas at Austin NETL reactor.

3. Environmental Report (10 CFR Part 51)

Your Environmental Report should include sufficient operational data, analyses, and discussions to provide a substantial basis for NRC to develop its environmental assessment.

4. Technical Specifications The content and format of Technical Specifications should be developed considering the guidance in ANSI/ANS 15.1-2007, "The Development of Technical Specification for Research Reactors," and NUREG-1537. In addition, please ensure that each of the technical specification is supported by an analysis in the SAR. Any changes to the current Technical Specifications should be proposed, justified, and supported in the SAR at the time of the license renewal application so they can be evaluated during the review.

5. Operator Requalification Program (10 CFR 50.54(i-1) and 10 CFR Part 55)

You have an approved operator requalification on file with the NRC. Accordingly, you need only reference the existing approved operator requalification plan. However, if you wish to modify your approved operator requalification plan, changes should be submitted for the NRC review in accordance with the regulations cited above.

6. Emergency Plan (10 CFR 50.54(q) and (r) and 10 CFR Part 50, Appendix E)

You have an approved emergency plan on file with the NRC. Accordingly, you need only reference the existing approved Emergency plan. However, if you wish to modify your approved emergency plan, changes should be submitted to the NRC in accordance with the regulations cited above.

7. Physical Security Plan (10 CFR 73.67)

You have an approved physical security plan on file with the NRC. Accordingly, you need only reference the existing approved security plan. However, if you wish to modify your physical security plan, changes should be submitted to the NRC in accordance with the regulations cited in 10 CFR 50.54(p).

8. Filing of Application The requirements for submitting your renewal application and all other formal documentation relating to your license with respect to addressee, notarization, signatory and number of copies are given in 10 CFR 50.4 and 10 CFR 50.30.

The NRC staff request that the application for renewal be submitted to the NRC Document Control Desk at least 120 days prior to the license expiration date to allow the NRC staff adequate time to perform an acceptance review of the application.

9. Staff Visits As a part of our review of your facility, members of the NRC licensing staff may visit your facility. These visits will be coordinated with you following receipt of your application for renewal.

The NRC staff plans to use the Interim Staff Guidance (ISG) on Streamlined Review Process for License Renewal for Research Reactors (ADAMS Accession No. ML092240244) to complete its review of your license renewal application. As discussed in the ISG, our review of your facility license renewal application will be based on the facilitys power level. Since the NETL reactors maximum power level is 1.1 MW(t), the NRC staff is planning to use the focused review process. As such, our review will focus on the sections of your safety analysis report (SAR) that are most significant to safety. Detail and schedule for the review are discussed in detail in the enclosed document entitle: Reviewing License Renewal Application In Accordance With the Interim Staff Guidance - Process and Schedule.

To ensure sufficient information is included in the application the NRC staff plans to visit the facility in the near future to explain and discuss with you and your staff the focused license renewal review process and our proposed schedule for the review.

If you have any questions, please contact me at (301) 415-4103.

Sincerely,

/RA/

Linh N. Tran, Senior Project Manager Research and Test Reactors Licensing Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-602 License No. R-129

Enclosure:

As stated cc w/enclosure: See next page

University of Texas Docket No. 50-602 cc:

Governors Budget and Planning Office P.O. Box 13561 Austin, TX 78711 Bureau of Radiation Control State of Texas 1100 West 49th Street Austin, TX 78756 Dr. William Powers, Jr., President University of Texas at Austin Nuclear Engineering teaching Laboratory Austin, TX 78758 Mr. Roger Mulder Office of the Governor P.O. Box 12428 Austin, TX 78711 P. Michael Whaley, Associate Director Nuclear Engineering Teaching Laboratory The University of Texas at Austin 10100 Burnet Road Austin, TX 78758 Test, Research, and Training Reactor Newsletter University of Florida 202 Nuclear Sciences Center Gainesville, FL 32611

ML092240244) to complete its review of your license renewal application. As discussed in the ISG, our review of your facility license renewal application will be based on the facilitys power level. Since the NETL reactors maximum power level is 1.1 MW(t), the NRC staff is planning to use the focused review process. As such, our review will focus on the sections of your safety analysis report (SAR) that are most significant to safety. Detail and schedule for the review are discussed in detail in the enclosed document entitle: Reviewing License Renewal Application In Accordance With the Interim Staff Guidance - Process and Schedule.

To ensure sufficient information is included in the application and to ensure a smooth review of your application, the NRC staff plans to visit the facility in the near future to explain and discuss with you and your staff the focused license renewal review process and our proposed schedule for the review.

If you have any questions, please contact me at (301) 415-4103.

Sincerely,

/RA/

Linh N. Tran, Senior Project Manager Research and Test Reactors Licensing Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-602 License No. R-129

Enclosure:

As stated cc w/enclosure: See next page DISTRIBUTION:

Public RTR r/f RidsNrrDpr RidsNrrDprPrta RidsNrrDprPrtb LTran, NRR GLappert, NRR ADAMS Accession No.: ML110040316 OFFICE PRLB PRLB:LA PRLB:BC PRLB:PM NAME LTran GLappert JQuichocho LTran DATE 1/11/11 1/11/11 1/21/11 1/21/11 Reviewing License Renewal Application In Accordance With the Interim Staff Guidance Process and Schedule Introduction The Interim Staff Guidance [ISG] on the Streamlined Review Process for License Renewal for Research Reactors (Agencywide Documents Access and Management System (ADAMS)

Accession No. ML092240244) was developed to streamline the research and test reactor license renewal review process and to develop guidance for the NRC staff for reviewing license renewal applications. Figure 1 provides an outline of the streamlined review process. Although the NRCs review process has changed, the licensee/applicant is still required to submitted its application in accordance with the applicable regulations contained in Title 10 Code of Federal Regulations Parts 50, 51, 55, and 73 and the recommendation provided in NUREG-1537, Part 1, "Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors, Format and Content.

Background

In SECY-08-0161, Review of Research and Test Reactor License Renewal Applications [LRA],

dated October 24, 2008 (ADAMS Accession No. ML082550140), the NRC staff provided the Commission with information about the staffs plans to improve the review of license renewal applications for research and test reactors. The Commission issued the staff requirements memorandum (SRM) for SECY-08-0161 on March 26, 2009 (ADAMS Accession No. ML090850159). The SRM directed the staff to streamline the renewal process for such reactors, using some combination of the options presented in SECY-08-0161. The SRM also directs the staff to implement a graded approach whose scope is commensurate with the risk posed by each facility. The graded approach incorporates elements of the alternative safety review approach discussed in Enclosure 1 of SECY-08-0161. In the alternative safety review approach, the staff should consider the results of past NRC staff reviews when determining the scope of the review. A basic requirement, as contained in the SRM, is that licensees must be in compliance with applicable regulatory requirements.

The NRC staff developed the ISG to assist in the review of license renewal applications. The streamlined review process (figure 1), is a graded approach based on licensed power level.

Under the streamlined review process, the facilities are divided into two tiers. Facilities with licensed power level of 2 megawatts thermal (MW(t)) and greater would undergo a full review using NUREG-1537, "Guidance for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors." Facilities with a licensed power level less than 2 MW(t) would undergo a focused review that centers on the most safety significant aspects of the renewal application and will rely on past NRC reviews for certain safety findings. Specifically, for reactors with licensed power levels less than 2 MW(t), the review will focus on the sections of the safety analysis report (SAR) that are most significant to safety under a focused license renewal approach.

Enclosure

Streamlined Review Process Facilities with licensed power equal or greater than 2 MW(t) or Facilities requesting a power level increase (FULL review):

The NRC will perform the license renewal application review in accordance with the guidance provided in NUREG-1537, "Guidance for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors," (SRP-RTR). Specifically, all the applicable chapters in will be reviewed in accordance with the SRP-RTR.

Facilities with licensed power less than 2 MW(t) (FOCUSED review):

The NRC staff will perform a focused review that centers on the most safety significant aspects of the renewal application and will rely on past NRC reviews for certain safety findings.

Specifically, for reactors with licensed power levels less than 2 MW(t), the review will center on the sections of the SAR that are most significant to safety. Specifically, the focus will be on reactor design and operation, accident analysis, technical specifications, radiation protection, waste management programs, financial requirements, environmental assessment, and changes to facility after submitting application.

The review will start with a familiarization site visit to the facility. The NRC team would comprise of, but not limited to, the NRC license renewal project manager, the NRC environmental assessment reviewer, the NRC financial reviewer, and the NRCs contractors. The purpose of this one-day visit is to observe the site configuration and to conduct general discussions regarding license renewal application with the licensee.

After the first site visit, the NRC staff and its contractors will conduct a comprehensive review of the license renewal application in accordance with the guidance provided in the ISG. The NRC staff will determine the applications conformance to the regulatory requirements and consistency with NRC guidance and if needed, perform independent calculations to verify the applicants statements in the SAR and proposed technical specifications (TS). The NRC staff will identify the portions of the application needing further clarification to complete its review.

Prior to providing the formal request for additional information (RAIs) to the licensee, the NRC staff and its contract will hold a conference call or if necessary, a site visit, with the licensee to discuss the draft RAIs. This will provide an opportunity for the licensee to provide clarification regarding the draft RAIs. Once the licensee receives the formal RAIs, the NRC staff and its contractor will hold another conference call if necessary, to clarify any questions that the licensee may have regarding the formal RAIs ensure that the RAIs are understood by the licensee.

Prior to submitting its final responses to the RAIs, the staff and its contractor will hold a conference call or if necessary, a site visit, with the licensee to discuss its draft responses to the RAIs to ensure that the responses will enable the completion of the review of the LRA. The staff will also be requesting that the license submit a draft proposed TSs incorporating all the applicable responses to the RAIs.

The NRC staff and its contractors will review and evaluate the licensees responses to the Final RAI to determine adequacy and acceptability for the supporting safety conclusions based on the guidance provided in the ISG.

During its final phase of reviewing the LRA, the staff may have further need for additional clarifications. The staff will hold conference calls with the licensee, as necessary, to obtain the additional information necessary to complete its review of the LRA.

The staff will inform the licensee of the projected date for the issuance of the facility renewal license to permit adequate time for the licensee to prepare proper documentation and training once the facility renewal license is issued.

Streamlined Review Schedule Facilities with licensed power equal or greater than 2 MW(t) or Facilities requesting a power level increase (FULL review):

It is estimated that a full review of the LRA will be completed within 20 months provided that the licensee provide adequate and timely responses to the NRCs request for additional information.

Facilities with licensed power less than 2 MW(t) (FOCUSED review):

It is estimated that a focused review of the LRA will be completed within 16 months provided that the licensee provide adequate and timely responses to the NRCs request for additional information.

Figure -1 Research and Test Reactor License Renewal Streamlined Review Process License Renewal Application All Applicable Received by the NRC Chapters in Issuance of Acceptable the SRP-RTR for Docketing and Opportunity for Hearing Federal Register Notice For Test Reactors only, Advisory Committee on Facility Reactor Safeguards Y

Licensed Review perform in (ACRS)

Power Level accordance with NUREG-

> 2MW(t)? 1537, Part 2 (SRP-RTR) -

FULL Review Draft N Safety Issuance:

Evaluation Renewal License Report Technical Specifications Safety Evaluation Report Licensee Y requested Reactor Design and Operation power Accident Analysis increase?

Technical Specifications Radiation Protection Waste Management Programs Financial Requirements Review perform in accordance Environmental Assessment N Changes to facility after submitting Application with Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors, Part Two, Standard Review Plan and Acceptance Criteria, focused License Inspection Reports Renewal Review - Annual Reports FOCUSED Review 10 CFR 50.59 Reviews Past NRC Reviews