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Category:Letter
MONTHYEARML23332A1052023-12-0707 December 2023
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Submission of Revised Draft Safety Analysis Report (Chapters 4 and 13) Incorporating Neutronic and Thermal Hydraulic Analysis for the University of Texas at Austin Research Reactor
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Univ of Texas - Austin, Reply to a Notice of Violation
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ML23040A3032023-02-0909 February 2023
Univ of Texas - Austin, Submittal of Neutronics Report and Thermal Hydraulic Analysis of the Triga Reactor
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Examination Confirmation Letter No 50-602/OL-23-01, University of Texas at Austin
ML22269A4792022-09-0909 September 2022
Request for Revision of Uranium and Plutonium Forms in License R-129
ML22224A1222022-08-22022 August 2022
University of Texas at Austin Change of Facility Backup Project Manager
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Annual Report for the University of Texas Triga II Nuclear Research Reactor
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Univ of Texas - Austin, Change in Level 1 Management
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University of Texas at Austin Interim Status Report on the Regulatory Audit Re Renewal of Facility Operating License No R-129
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University of Texas at Austin - Us Nuclear Regulatory Commission Routine Safety Inspection Report No. 05000602/2021201
ML21272A1662021-10-0404 October 2021
University of Texas at Austin Change of Facility Project Manager
ML21266A4062021-09-0101 September 2021
Notification of a Change in Level 1 Management for the University of Texas at Austin Nuclear Engineering Teaching Laboratory (NETL)
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University of Texas at Austin - Regulatory Audit Renewal of Facility Operating License No. R-129
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Notification of a Change in Level 1 Management for the University of Texas at Austin Nuclear Engineering Teaching Laboratory (NETL)
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University of Texas - Austin U.S. Nuclear Regulatory Commission Routine Inspection Report NO.50-0602/2019-201
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Univ. of Texas - Austin - Request_ for Extension of Date for Completion of Neutronic and Thermal-Hydraulic Analyses
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University of Texas at Austin - Extension to Revised Schedule for the Completion of the Reactor Analyses Renewal of Facility Operating License No. R 129 for the University of Texas at Austin Research Reactor
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the University of Texas at Austin Submittal of Revised Response to Request for Additional Information Regarding Physical Security Plan
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Revised Schedule for Completion of the Reactor Analyses for the University of Texas at Austin Research Reactor
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2023-09-15
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Text
September 15, 2015 Dr. Steven Biegalski, Director Nuclear Engineering Teaching Laboratory University of Texas Pickle Research Campus Bldg. 159 10100 Burnet Road Austin, TX 78758
SUBJECT:
UNIVERSITY OF TEXAS AT AUSTIN - CAMPUS CARRY WEAPONS LAW AND REQUIREMENTS OF TITLE 10, PART 73, OF THE CODE OF FEDERAL REGULATIONS
Dear Dr. Biegalski:
The U.S. Nuclear Regulatory Commission (NRC) staff received a phone call from you on June 18, 2015, regarding the recently enacted Campus Carry Weapons Law1 in the State of Texas. Specifically, you requested information on the NRC requirements related to carrying firearms in the Nuclear Engineering Teaching Laboratory (NETL), an NRC-licensed facility.
Section 229a.(1) of the Atomic Energy Act2 authorizes the Commission to issue regulations relating to the entry upon or carrying, transporting, or otherwise introducing or causing to be introduced any dangerous weapon, explosive, or other dangerous instrument or material into any facility subject to the jurisdiction, administration, or licensing authority of the Commission.
Pursuant to this authority, the Commission has issued such regulations in Title 10 of the Code of Federal Regulations (10 CFR). Specifically, paragraph (c)(1) of Section 73.81, Criminal penalties, states, in part, that no person without authorization can carry, transport, or otherwise introduce any dangerous weapon upon a protected facility or installation. The terms protected facility or installation, without authorization, and dangerous weapon are defined in 10 CFR 73.81.
The relevant Texas state law is in direct conflict with the Federal requirement. When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the United States Constitution3. As such, the Federal requirement would take precedence over the state law at the NRC-licensed facility.
Therefore, as provided in 10 CFR 73.81, you cannot allow the carrying of weapons into the NETL by unauthorized individuals. Authorized individuals whose official duties require them to carry weapons (e.g., police officers) are permitted to carry such weapons at the NETL facility.
1 Tex. Govt. Code § 411.2031 (Signed Jun 13, 2015, Eff. Aug 1, 2016).
2 Atomic Energy Act, as amended, 42 U.S.C. § 2011 et seq., (1954).
3 U.S. Const. art. VI., § 2.
S. Biegalski Additionally, you must meet the requirements set forth in 10 CFR 73.75, Posting, as applicable. Specifically, 10 CFR 73.75(b)(1) and (b)(4) state, in part, that: 1) posted notices must be conspicuously displayed at every vehicle and pedestrian entrance; and, 2) posted notices must be easily readable day and night by both pedestrian and vehicle traffic.
Additionally, 10 CFR 73.75(b)(3) provides the following required language for the posted notices:
The willful unauthorized introduction of any dangerous weapon, explosive, or other dangerous instrument or material likely to produce substantial injury or damage to persons or property into or upon these premises is a Federal crime.
(42 U.S.C. 2278a.)
Considering the recently enacted Campus Carry Weapons Law, the following language should be added to the beginning of the notice: Notwithstanding Tex. Govt. Code § 411.2031.
If you have any questions regarding this letter, please contact Mr. William Schuster at (301) 415-1590 or electronic mail at William.Schuster@nrc.gov.
Sincerely,
/RA/
Lawrence E. Kokajko, Director Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-602 cc: See next page
University of Texas at Austin 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 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
ML15236A082 NRR-106 OFFICE NRR/PROB/NE NRR/DPR/LA NRR/PRLB/PM NRR/PROB/BC NAME WSchuster ELee STraiforos (LTran for) KHsueh DATE 08/24/15 08/26/15 08/26/15 08/27/15 OFFICE OGC NRR/DPR/DD NRR/DPR/D NAME LLondon : NLO
- MGavrilas LKokajko DATE 09/10/15 09/11/15 09/15/15