ML13099A078

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FRN: General Notice: University of California, Irvine - Supplement to Environmental Assessment (77 Fr 7610-7613) Waste Confidence Rule (Tac No. ME1579)
ML13099A078
Person / Time
Site: University of California - Irvine
Issue date: 04/15/2013
From: Alexander Adams
Research and Test Reactors Licensing Branch
To:
Lising, Jason 301-415-3841
Shared Package
ML13099A054 List:
References
77 FR 7610-7613; February 13, 2012, 78 FR 26812; May 8, 2013, NRC-2010-0217, TAC ME1579
Download: ML13099A078 (3)


Text

[7590-01-P]

Nuclear Regulatory Commission

[Docket No. 50-326; NRC-2010-0217]

University of California, Irvine License Renewal for University of California, Irvine Nuclear Reactor Facility; Supplemental Information AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; supplemental information.

SUMMARY

The Nuclear Regulatory Commission (NRC) published a notice in the Federal Register on February 13, 2012 (77 FR 7610-7613), Notice of Availability of Environmental Assessment and Finding of No Significant Impact for the License Renewal for University of California, Irvine Nuclear Reactor Facility, to inform the public that the NRC is considering issuance of a renewed Facility License No. R-116 for the Regents of the University of California (the licensee) which would authorize continued operation of the University of California, Irvine Nuclear Reactor Facility. The notice provided the NRC staffs review of the Environmental Assessment and Finding of No Significant Impact for the University of California, Irvine Nuclear Reactor Facility. This action is necessary to provide the public with supplemental information regarding the U.S. Court of Appeals Waste Confidence Ruling and NRC staff review of the ruling showing the non-applicability to research and test reactor licensing.

ADDRESSES: Please refer to Docket ID NRC-2010-0217 when contacting the NRC about the availability of information regarding this document. You may access information related to this

document, which the NRC possesses and is publicly available, using any of the following methods:

Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2010-0217. Address questions about NRC dockets to Carol Gallagher; telephone: 301-492-3668; e-mail: Carol.Gallagher@nrc.gov. For technical questions, contact the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section of this document.

NRC's Agencywide Documents Access and Management System (ADAMS):

You may access publicly available documents online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ADAMS Public Documents and then select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov.

NRC's PDR: You may examine and purchase copies of public documents at the NRCs PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Jason A. Lising, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone 301-415-3841, e-mail: Jason.Lising@nrc.gov.

SUPPLEMENTARY INFORMATION: On June 8, 2012, the U.S. Court of Appeals for the District of Columbia Circuit found that some aspects of the 2010 Waste Confidence Rulemaking did not satisfy the NRCs National Environmental Policy Act obligations and vacated the rulemaking. On August 7, 2012, the Commission directed the NRC staff not to issue any licenses dependent on the Waste Confidence Rule until the courts remand has been

appropriately addressed. NRC staff analyzed the Waste Confidence Rule (part 51.23 of Title 10 of the Code of Federal Regulations (10 CFR), Temporary Storage of Spent Fuel after Cessation of Reactor Operation-Generic Determination of No Significant Environmental Impact,) as well as supplemental information, and concluded that 10 CFR 51.23 does not specifically refer to research and test reactors (RTRs), only to power reactors and independent spent fuel storage installations. As such, RTR licensing does not rely or depend on the Waste Confidence Rule. The NRC staffs memo documenting this review can be found in the NRC Agencywide Documents Access and Management System under Accession No. ML13071A642.

Dated at Rockville, Maryland, this 15th day of April, 2013.

FOR THE NUCLEAR REGULATORY COMMISSION

/RA/

Alexander Adams, Jr., Chief Research and Test Reactors Licensing Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation