ML20010B280
| ML20010B280 | |
| Person / Time | |
|---|---|
| Site: | 07000398 |
| Issue date: | 07/24/1981 |
| From: | Cunninghan R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | NATIONAL INSTITUTE OF STANDARDS & TECHNOLOGY (FORMERL |
| References | |
| NUDOCS 8108140317 | |
| Download: ML20010B280 (5) | |
Text
20-898 ThO h d D L T O (c S S JUL 2 41981 4
la%0t U.S. Department of Commerce Q-AUG 101981*
g National Bureau of Standards y,,,
.,oa ATTN:
Mr. L. E. Pevey, Chief f(..
J m 55' 5 Occupational Health and Safety Division
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j Washington, D.C.
20234 i
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Gentlemen.
In response to recent discussions with Dr. Thomas G. Hobbs of your staff, we hava modified the February 11, 1981, Order to allow you, if you so elect, to integrate the requested radiological contingency planning information into your site-wide emergency preparedness plan. We have extended, for that purpose, the period for you to prepare and submit the requested information to November 3, 1981.
An application for a license amendment to incorporate the site-wide plan as a license condition should be submitted.
It is our intention that, regarding conditions in such a plan, the licensee will be provided flexibility to make changes without Staff approval, provided such changes do not decrease the effectiveness of the plan, similar to such flexibility provided under 10 CFR 970.32(d).
Sincerelv* Signed by Original Richard E. Cunningham Richard E. Cunningham, Director Division of Fuel Cycle and Material Safety I
Distribution:
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l 8108140317 810724 i PDR ADOCK 07000398:
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
Docket No.70-398 Department of Commerce
)
Special Nuclear Materials National Bureau of Standards
)
License No. SNM-362 Vashington, D.C.
20234
)
MODIFICATION OF FEBRUARY 11, 1981 ORDER I
The National Bureau of Standards of the Department of Commerce ("the licensee") is the holder of Special Nuclear Materials License No. SNM-362
("the license"), Docket No.70-398, issued by the Nuclear Regulatory Commission ("the NRC").
The license includes authorization for the possession of 25 grams of U-235 in fission chambers; 250 grams of U-235 in any form; 4,999 grams of U-235 as Standard Reference Materials (SRM); 1000 grams of U-235 (20% enriched) as SRM; 1,999 grams of plutonium as SRM; 10 grams of plutonium in any form; and 300 grams as " item countable" materials.
The licensee also has a license in effect for an experimental and test reactor (10 MWT) on the same site in Gaithersburg, Maryland.
II On February 11, 1981, the NRC, in an Order to Mouf fy License, ("the Order"), 46 Fed. Reg.12566 (February 17, 1981) directed the licensee to submit for review within 120 days after the effective date of the Order:
(1) a radiological contingency plan prepared in accordance with Enclosure 1 of
2 the Order and an application 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 the Order.
The licensee has indicated the desire to prepare a single site-wide emergency plan in contrast to separate plans for the licensed activity and facility.
It has been noted that duplicate plans could cause confusion during emergency response.
The NRC recognizes the safety advantages of a single-site-wide emergency plan in contrast to separate plans for the various licensed activities and facilities and has determined that overall safety would be enhanced by having a single site-wide emergency plan covering all licensed activities and facilities conducted and operated at the Gaithersburg site by the licensee.
The licensee must urdate emergency preparedcess planning for the reactor within one year of November 3, 1980, the effective date of the amendments to 10 CFR Part 50, 9950.33, 50.47 and Appendix E, found in 45 Fed.
Reg. 55402 (August 19, 1980), relating to emergency preparedness. The Director has determined that deferral of submittal of radiological contingency planning information relative to activi es conducted under License No. SNM-362 until November 3,1981 in order to facilitate its effective integration into a site-wide emergency preparedness plan is consistent with the Commission's mission of protecting the public health and safety.
3 III Accordingly, pursuant to sections 161b and 161a of the Atomic Energy Act of 1954, as amended, 970.32(b)(2) of 10 CFR Part 70, and 92.204 of 10 CFR Part 2, IT IS ORDERED that Part V of the Order signed February 11, 1981, be amended to include a third alternative as follows:
(3) On or before November 3,1981, the licensee shall submit a site-wide emergency preparedness plan which addresses emergency preparedness for licensed activities and facilities consonant with the requirements of 10 CFR Part 50, 9650.33, 50.47 and Appendix E, as amended, effective November 3, 1980, and the information requirements specific to activities conducted under License No. SNM-362 specified in Enclosure 1 of the Order and an applicaton for amendment of License No. SNM-362 to incorporate the plan as license conditions.
IV l
The licensee or any_other person who has an interest affected by this Modification of Order may request a hearing on this Modification of Order within 25 days of its issuance.
A request for hearing shall be submitted to the Director, Division of Fuel Cycle and Material Safety, U.S. Nuclear l
l Regulatory Commission, Washington, D.C. 20555.
Copies of the request shall also be sent to the Secretary of the Commission and the Executive Legal Director at the same address.
If a hearing is requested by a person other than the licensee, that person shall describe, in accordance with l
-V I
4 10 CFR 2.714(a)(2), the nature of the person's interest and the manner in which that interest is affected by this Modification of Order.
If a hearing is requested by the licensee or other person who has an interest affected by this Modification of Order, the Ccmmission will issue an order designating the time and place of any such hearing.
If a hearing is held, the issue to be considered at such a hearing shall be whether this Modification of Order should be sustained.
The Modification of Order shall become effective upon expiration of the period within which a hearing may be requested or, if a hearing is requested, on the date specified in an order issued following further proceedings on this Modification of Order.
Richard E. Cunningham, Director Division of Fuel Cycle and Material Safety Dated at Silver Spring, Maryland this day of
, 1981.
Distribution:
RGPage PDR FDFisher ERESS R/F LRouse NMSS R/F JTLong FC Central File ERESS, U.S. Department of Commerce SHO IE Headquarters (2 Copies)
OELD IE Region I JCosgrove, Jr, OELD Docket File TRDecker CRESS:ss F
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Fisher 2-G FDFisher G age TFCarter RECun ngham 7/24/81 7/.27/81 7/pi/81 7/ /81 7/ ~/81 7/2p/31
- Concurred in draft.
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