ML13226A070
Text
August 12, 2013 Holders of Non-Power Reactor Licenses as Listed in Enclosure 1
SUBJECT:
RESCISSION OF CERTAIN SECURITY ORDERS CONCERNING SPENT NUCLEAR FUEL IN TRANSIT Following the terrorist attacks on September 11, 2001, the U.S. Nuclear Regulatory Commission (NRC) issued a series of security-related orders to specific licensees. In the area of security for spent nuclear fuel (SNF) in transit, the NRC issued orders to licensees who shipped or received, or were planning to ship or receive, spent nuclear fuel.
The NRC imposed additional security requirements on the shipment of SNF through EA-02-109, Issuance of Order for Interim Safeguards and Security Compensatory Measures for the Transportation of Spent Nuclear Fuel Greater than 100 Grams (67 FR 63167, October 10, 2002). Subsequently, the Commission issued similar security orders to licensees shipping SNF during the period of October 2003 through December 2010. These orders are collectively referred to as the SNF Transportation Orders. The NRC issued these orders to certain non-power reactor licensees who shipped, received, or planned to ship or receive, spent nuclear fuel under the provisions of Part 71 of Title 10 of the Code of Federal Regulations (10 CFR),
Packaging and Transportation of Radioactive Material.
The NRC issued all of the orders as immediately effective under the agencys authority to protect the common defense and security pursuant to the provisions of the Atomic Energy Act of 1954, as amended, and the Commissions regulations in 10 CFR 2.202, Orders, as well as those in 10 CFR Parts 50, 70, 71, and 72. The requirements that the NRC established through the SNF Transportation Orders supplemented the existing regulatory requirements for the shipment of SNF at that time. The NRC intended for these additional security requirements to ensure that SNF was shipped in a manner that protects the common defense and security as well as the public health and safety.
On May 20, 2013 (78 FR 29520), the NRC issued a final rule for 10 CFR Part 73.37, Physical Protection of Irradiated Reactor Fuel in Transit, which established security requirements for SNF in transit (RIN 3150-AI64; NRC-2009-0163). When the rule becomes effective on August 19, 2013, it will establish the acceptable performance standards and objectives for the protection of SNF shipments from theft, diversion, or radiological sabotage. The final rule incorporates the security requirements in the existing orders for SNF in transit as well as lessons learned from the implementation of the SNF Transportation Orders.
Therefore, the NRC staff has determined that the generically applicable security requirements set forth in the SNF Transportation Orders are now adequately captured in the NRCs regulations. In addition, the associated guidance document, NUREG-0561, Rev. 2, Physical Protection of Shipments of Irradiated Reactor Fuel (ADAMS Accession No. ML13120A230),
provides clarifying information regarding the implementation of the requirements in the rule.
Holders of Non-Power Reactor Licenses as Listed in Enclosure 1 In SRM-SECY-12-0009, Final Rule: 10 CFR 73.37, Physical Protection of Irradiated Fuel in Transit, dated June 7, 2012 (ADAMS Accession No. ML12159A260), the Commission approved rescinding the SNF Transportation Orders on the effective date of the final rule for 10 CFR 73.37, consistent with the Rescission Plan for these Orders as provided in Enclosure 2 to SECY-12-0009, Final Rule: 10 CFR 73.37, Physical Protection of Irradiated Fuel in Transit, dated January 19, 2012 (ADAMS Accession No. ML113640156). Accordingly, effective August 19, 2013, the NRC hereby rescinds EA-02-109, Issuance of Order for Interim Safeguards and Security Compensatory Measures for the Transportation of Spent Nuclear Fuel Greater than 100 Grams, and subsequent similar security orders issued during the period of October 2003 through December 2010, to licensees shipping SNF. Although, the information in the orders remains Safeguards Information until decontrolled by the NRC they may be destroyed in accordance with the requirements in 10 CFR 73.22(i), Destruction of Matter Containing Safeguards Information, when licensees no longer need them.
Licensees should assess how the rescission of the SNF Transportation Orders will affect their facility licenses and security plans so that they can ensure compliance with the final rule and other associated regulatory requirements. Note that not all licensees listed in the enclosure received the subject SNF Transportation Orders.
The NRC has filed the enclosed Notice of Rescission of SNF Transportation Orders with the Office of the Federal Register for publication.
Please contact your licensing project manager for help on any issue related to the requirements in this letter or for help on any other questions.
Sincerely,
/RA/
Eric J. Leeds, Director Office of Nuclear Reactor Regulation
/RA/
Catherine Haney, Director Office of Nuclear Material Safety and Safeguards Docket Nos.: See enclosure
Enclosures:
- 1. List of Non-Power Reactor Licensees
- 2. Notice of Rescission of SNF Transportation Orders cc w/encl: Distribution via Listserv
ML12159A260), the Commission approved rescinding the SNF Transportation Orders on the effective date of the final rule for 10 CFR 73.37, consistent with the Rescission Plan for these Orders as provided in Enclosure 2 to SECY-12-0009, Final Rule: 10 CFR 73.37, Physical Protection of Irradiated Fuel in Transit, dated January 19, 2012 (ADAMS Accession No. ML113640156). Accordingly, effective August 19, 2013, the NRC hereby rescinds EA-02-109, Issuance of Order for Interim Safeguards and Security Compensatory Measures for the Transportation of Spent Nuclear Fuel Greater than 100 Grams, and subsequent similar security orders issued during the period of October 2003 through December 2010, to licensees shipping SNF. Although, the information in the orders remains Safeguards Information until decontrolled by the NRC they may be destroyed in accordance with the requirements in 10 CFR 73.22(i), Destruction of Matter Containing Safeguards Information, when licensees no longer need them.
Licensees should assess how the rescission of the SNF Transportation Orders will affect their facility licenses and security plans so that they can ensure compliance with the final rule and other associated regulatory requirements. Note that not all licensees listed in the enclosure received the subject SNF Transportation Orders.
The NRC has filed the enclosed Notice of Rescission of SNF Transportation Orders with the Office of the Federal Register for publication.
Please contact your licensing project manager for help on any issue related to the requirements in this letter or for help on any other questions.
Sincerely,
/RA/
Eric J. Leeds, Director Office of Nuclear Reactor Regulation
/RA/
Catherine Haney, Director Office of Nuclear Material Safety and Safeguards Docket Nos.: See enclosure
Enclosures:
- 1. List of Non-Power Reactor Licensees
- 2. Notice of Rescission of SNF Transportation Orders cc w/encl: Distribution via Listserv DISTRIBUTION: CMaupin, FSME See next page ADAMS Accession Nos.: Package: ML13226A137 Letter: ML13226A070 FRN: ML13221A567
- via email OFFICE NMSS/SFST/RIOB NMSS/SFST/RIOB Tech Editor NMSS/SFST NRR/DORL/LPL2-2 NAME JUmana EBenner QTE THsia for MLombard JPoole DATE 8/5/2013 7/30/2013 7/30/2013 8/1/2013 8/2/2013 OFFICE NRR/DPR/PROB NRR/DPR OE NSIR/DSP/FCTSB NSIR/DSP/FCTSB NAME GBowman LKokajko DFurst GJackson CErlanger DATE 8/2/2013 8/8/2013 8/2/2013 8/7/2013 8/7/2013 OFFICE NSIR/DSP ADM OGC NRR NMSS NAME MThaggard for CLiu LTerry for CBladey JBielecki, NLO ELeeds CHaney DATE 8/8/2013 8/9/2013 8/9/2013 8/9/2013 8/12/2013
NON-POWER REACTOR LICENSEES Sandra Warren, General Manager Aerotest Operations Inc.
3455 Fostoria Way San Ramon, CA 94583 aonray@aerotestoperations.com Docket No. 50-228 Stephen Miller, Reactor Facility Director Armed Forces Radiobiology Research Institute Naval Medical Center 8901 Wisconsin Ave.
Bethesda, MD 20889-5603 MILLERS@afrri.usuhs.mil Docket No. 50-170 Siaka Yusuf, Reactor Supervisor Dow Chemical Company 1602 Building Midland, MI 48674 SOYusuf@dow.com Docket No. 50-264 Tony McFadden, Manager Vallecitos Nuclear Center General Electric Company 6705 Vallecitos Road Sunol, CA 94586 Docket Nos. 50-18, 50-70, 50-73, & 50-183 anthony.mcfadden@ge.com Dr. Jay F. Kunze, Reactor Administrator Idaho State University, P.O. Box 8060 Pocatello, ID 83209 kunzejay@isu.edu Docket No. 50-284 Jeffrey A. Geuther, Manager KSU Nuclear Reactor Facility 112 Ward Hall Kansas State University Manhattan, KS 66506-5204 geuther@ksu.edu Docket No. 50-188 Tom Newton, Director of Reactor Operations Massachusetts Institute of Technology 138 Albany Street Mail Stop MITNRL-NW12 Cambridge, MA 02139 tnewton@MIT.edu Docket No. 50-20 Sean OKelly, Deputy Director NIST Center for Neutron Research National Institute of Standards and Technology U.S. Department of Commerce 100 Bureau Drive, Mail Stop 6101 Gaithersburg, MD 20899-6101 Docket No. 50-184 sean.okelly@nist.gov Andrew Cook, Manager Nuclear Reactor Program Department of Nuclear Engineering North Carolina State University Campus Box 7909 2500 Stinson Drive Raleigh, NC 27695-7909 atcook@ncsu.edu Docket No. 50-297 Andrew Kauffman, Associate Director The Ohio State University Nuclear Reactor Laboratory 1298 Kinnear Road Columbus, OH 43212-1154 Kauffman.9@osu.edu Docket No. 50-150 Steven Reese, Director Radiation Center, A100 Oregon State University Corvallis, OR 97331-5903 Steve.Reese@oregonstate.edu Docket No. 50-243 Kenan Unlu, Director Breazeale Nuclear Reactor The Pennsylvania State University University Park, PA 16802-2301 Docket No. 50-5 kxu2@psu.edu
NON-POWER REACTOR LICENSEES Enclosure Jere Jenkins, Director Radiation Laboratories Purdue University Nuclear Engineering Bldg.
400 Central Dr.
West Lafayette, IN 47907-2017 jere@purdue.edu Docket No. 50-182 Melinda Krahenbuhl, Director Reed Reactor Facility Reed College 3203 SE Woodstock Blvd.
Portland, OR 97202-8199 mkrahenb@reed.edu Docket No. 50-288 Prof. Sastry Sreepada Dept of Mechanical, Aerospace, and Nuclear Engineering Building JEC - Room 2032 Rensselaer Polytechnic Institute 110 8th Street Troy, NY 12180 Docket No. 50-225 sreeps@rpi.edu Michael Davis Rhode Island Nuclear Science Center Rhode Island Atomic Energy Commission 16 Reactor Road Narragansett, RI 02882-1165 Docket No. 50-193 Jdsavis@rinsc.ri.gov Yassin Hassan, Department Head, Nuclear Engineering Texas A&M University Mail Stop 3133 College Station, Texas 77843-3133 y-hassan@tamu.edu Docket No. 50-59 W. D. Reece, Director Texas A&M University System Nuclear Science Center Texas Engineering Experiment Station F. E. Box 89, M/S 3575 College Station, Texas 77843 w-reece@tamu.edu Docket No. 50-128 Tim DeBey, Reactor Supervisor U.S. Geological Survey 6th and Kipling Denver Federal Center, Building 15 P.O. Box 25046, MS 974 Denver, CO 80225-0046 tdebey@usgs.gov Docket No. 50-274 Barry Klein, Facility Director UC Davis McClellan Nuclear Research Center 5335 Price Avenue McClellan, CA 95652 bmklein@ucdavis.edu Docket No. 50-607 George E. Miller, Director Nuclear Reactor Facility Department of Chemistry University of California 1102 Natural Sciences 2 Irvine, CA 92697-2025 Docket No. 50-326 gemiller@uci.edu Kelly Jordan, Director University of Florida Training Reactor University of Florida P.O. Box 118300 202 Nuclear Science Building Gainesville, FL 32611-8300 kjordan@mse.ufl.edu Docket No. 50-83 Mohamad Al-Sheikhly, Reactor Director University of Maryland Training Reactor Department of Materials & Nuclear Engineering College Park, MD 20742 mohamad@umd.edu Docket No. 50-166 Leo Bobek, Reactor Supervisor University of Massachusetts Lowell Research Reactor Nuclear Radiation Laboratory One University Avenue Lowell, MA 01854 Docket No. 50-223 Leo_Bobek@uml.edu
NON-POWER REACTOR LICENSEES Enclosure Donald Wall, Director Nuclear Radiation Center Roundtop Drive Washington State University Pullman, WA 99164-1300 Donald_wall@wsu.edu Docket No. 50-27 Ralph Butler, Director Research Reactor Center University of Missouri-Columbia 1513 Research Park Columbia, MO 65211 ButlerRa@missouri.edu Docket No. 50-186 William Bonzer, Reactor Manager Nuclear Reactor Facility University of Missouri-Rolla 1870 Miner Circle Rolla, MO 65409-0630 webonzer@mst.edu Docket No. 50-123 Robert Busch, Chief Reactor Supervisor Chemical and Nuclear Engineering Department University of New Mexico MSC 01-1120, FEC 209 Albuquerque, NM 87131-0001 busch@unm.edu Docket No. 50-252 Steven Beigalski, Reactor Supervisor Nuclear Engineering Teaching Lab University of Texas at Austin NETL-PRC Bldg 159 10100 Burnet Rd Austin, TX 78758 Docket No. 50-602 biegalski@mail.utexas.edu Dr. Tatjana Jevremovic, Reactor Administrator and Reactor Supervisor TRIGA Nuclear Research Reactor University of Utah 122 S. Central Campus Drive Room 104 Salt Lake City, UT 84112 Tatjana.Jevremovic@utah.edu Docket No. 50-407 Robert Agasie, Reactor Director Nuclear Reactor Laboratory University of Wisconsin-Madison 1513 University Avenue, Room 1215 Madison, WI 53706-1687 agasie@engr.wisc.edu Docket No. 50-156