ML20008E520
| ML20008E520 | |
| Person / Time | |
|---|---|
| Site: | 07000824 |
| Issue date: | 02/11/1981 |
| From: | Cunningham R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | BABCOCK & WILCOX CO. |
| Shared Package | |
| ML20008E518 | List: |
| References | |
| NUDOCS 8103090152 | |
| Download: ML20008E520 (6) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
. Docket No.70-824
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Materials License Babco-k & Wilcox Company
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No. SNM-778 Lynchburg Research Center
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P.O. Box 1260
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Lynchburg, Virginia 24505
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ORDER TO MODIF. LICENSE I
Babcock & Wilcox Company, Lynchburg Research Center of Lynchburg, Virginia
("the licensee") is the holder of Materials License No. $NM-778 issued by the Nuclear Regulatory Commission ("the Commission").
The license authorizes the 235 S
possession and use of 4.9 kg of U (> 20% enrichment), 900 kg of U (< 20%
enrichment), 1 kg of U (any form),1.9 kg of total plutonium (any form),
6,000 kg of source material, and multicurie quantities of byproduct materials in the form of irradiated fuel elements and in any other form (sealed and unsealed).
The license authorizes the use of byproduct, source, and special nuclear material in the performance of research and development activities related to the development of uranium and plutonium fuel fabrication processes, investigating improvements in present fuel cycle technology, and examination dnd testing of irradiated and unirradiated fuels.
The current license was issued on July 21, 1980, and is due to expire on July 31, 1985.
II Before issuance of a license to operate, staff review of the application determined that the licensee can operate the facility in a safe manner.
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2 Nonetheless, based on the lessons learned from the accident at Three flile Island and new perspectives or emergency preparedness and planning, the Commission has reevaluated the emergency preparedness requirements for its fuel cycle and materials licensees.
The Commission has decided that significant improvements need to be made promptly to ensure that adequate onsite emergency response actions will be taken by licensees with major operations in cases where, even though unlikely, potentially serious radiation accidents could occur.
The cce-at'. _ licen: 30 to be carried out pursuant to Materials License No. ShM-778 appear to fall in this category and require the development of a more comprehensive onsite radiological contingency plan than previously submitted to the Commission for review.
Specifically, considerations are needed to ensure (1) that the plant contains adequate engineered safety features and is otherwise designed tc limit releases of radioactive materials and radiation exposures in the event of an accident, (2) that a capability exists for measuring and assessing the significance of accidental releases of radioactive materials, (3) that appropriate emergency equipment and planning are provided onsite to protect workers against radiation hazards that might be encountered following an accident, (4) that notifications are made promptly to federal, state, and local government agencies, and (5) that necessary rec.very actions are taken in a timely fashion to return the plant to a safe condition following an accident.
The information to be developed and documented is desc/ibed in the enclosed
" Standard Format and Content for Radiological Contingency Plans for Fuel Cycle and Matorials Facilities" (Enclosure 1).
In summary, the information to be submitted to NRC for review includes a (1) description of plant systems important e
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e to safety; (2) characterization of classes of credible emergencies that might occur; (3) description cf radiological contingency measures for each class of emergency; (4) designation of authorities and responsibilities of key individuals and groups employed by the licensee; and (5) a description of equipment and facilities designated for use during radiation emergencies. Jhe plan is to be directed toward mitigating the consequences of radiological e.mergencies and providing reasonable assurance that appropriate measures will be taken during an emergency to assure protection of the public and minimize adverse environ-mental impacts.
In preparing the plan, consideration should be given to a set of credible accidents ranging from almost everyday occurrences of small conse-quence through highly improbable, but not impossible, accidents such as those resulting from severe natural phenomena, human error, and multiple equipment
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failures, and sabotage.
III In addition to onsite radiological contingency planning, as discussed in Section II above, offsite emergency response planning is also highly important.
Offsite planning requirements for fuel cycle and materials facilities are being developed separately and will be considered in a proposed rulemaking to be published in the coming months. Within the framework of that rulemaking, NRC wil.1 carry out extensive coordination with state governme'nts and the Federal Emergency Management Agency (FEMA) concerning applicable requirements.
IV The Ccmmission believes that it is pruder.t and necessa y to require the licensee to develop and submit within 180 days of the effective date of this e-
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_4 Order, or before, an onsite radiological contingency plan, as discussed in Section II above, applicable to operations licensed pursuant to Materials License No. SNM-778.
Such a plan can be developed and effectively implemented apart from of fsite emergency response planning, which necessarily involves state and local government emergency planning actions.
The onsite radiological contingency plan is a necessary extension of protective actions taken by the licensee during normal operations.
Such planning is essential to ensure that proper plans are made by the licensee to protect the public from accidents that could result from the licensed operations.
A lesson learned from the Three.'lile Island accident is that accidents thought to be highly improbable can and will occur, and that proper emergency preparedness is required to mitigate radiological consecuences.
The reporting and record keeping part of this onsite radiological contin-gency plan is subject to clearance by the General Accounting Office.
GA0 review and clearance will not stay the effective date of this Order as regards the requirement that the licensee develop the plan.
Unless advised to the contrary, GA0 clearance will be effective within 45 days from the date of this Order.
V t
Accordingly, pursuant to sections 161b and 161o of the Atomic Energy Act of 1954, as amended, 930.34(e) of 10 CFR Part 30, 640.41(e) of 10 CFR Part 40, SS70.32(a)(8), 70.32(b)(2), and 70.32(b)(5) of 10 CFR Part 70, and 92.204 of 10 CFR Part 2, IT IS HEREBY ORDERED THAT within 180 days of the effective date of this Order, the licensee shall submit:
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A radiological contingency plan in accordance with Enclosure 1 of this Order, " Standard Format and Content for Radiological Contingency Plans for Fuel Cycle and Materials Facilities," and an application t
for license amendment to incorporate such plan as approved as a condition of the license; or alternatively, 2.
An application for license amendment to reduce the possession limits for radioactive materials below those specified in Enclosure 2 of this Order.
3 VI The licensee or any person whose interest may be affected by this Order may, within 20 days of the date of the Order, request a hearing with respect to all or part of the Order.
A request for a hearing shall be addressed to the Secretary of the Commission, U.S.N.R.C., Washington, D.C.
20555.
A copy of the hearing request shall also be sent to the Executive Legal Director, U.S.N.R.C., Washington, D.C.
20555. If a person other than the licensee requests a hearing, that person shall set forth with particularity the nature of h:s or her interest and the manner in which his or her interest may be affected by this Order in accordance with 10 CFR $2.714(a)(2) of the Commission's Rules of Practice.
If a hearing is requested by the licensee or a person who has an interest affected by this Order, the Commission will issue an order designating the time and place of the hearing.
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a If no hearing is requested, this Order will become effective 20 days from the date of the Order.
If a hearing is requested, this Order will become effective on the date specified in an order made following the hearing.
t VII If a hearing is. held, the issue to be considered at the hearing shall be whether the licensee (1) shall submit a radiological contingency plan which complies with Enclosure 1 of this Order, " Standard Format and Content for Radiological Contingency Plans for Fuel Cycle and Materials Facilities," or (2) if a plan is not submitted as required in Section V (1) of the Order, should an application for a license amendment to reduce its possession limits for radioactive materials below those specified in Enclosure 2 of this Order be submitted.
FOR THE NUCLEAR REGULATORY COMMISSION
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Richard E. Cunningham, Director Division of Fuel Cycle and Material Safety Dated at Silver Spring, Maryland this 1 Ith day of February, 1981 e
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