ML20059N574

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Approved Ballot W/Comments on SECY-90-277 Re Proposed Rulemaking for 10CFR74 to Require Matl Control & Accounting at U Enrichment Facilities
ML20059N574
Person / Time
Issue date: 08/30/1990
From: Rogers K
NRC COMMISSION (OCM)
To: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
References
NUDOCS 9010160218
Download: ML20059N574 (6)


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SAMUEL J. CHILK, SECRETARY OF THE COMMISSION FROM:

C0MISSIONER R0GERS I

SUBJECT:

SECY-90-277 - PROPOSED RULEMAKING FOR 10 CFR l

PART 74 TO REQUIRE MATERIAL CONTROL AND ACCOUNTING AT URANIUM ENRICWENT FACILITIES l

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APPROVED **wn DISAPPROVED AnSTAIN r.c.~

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ENVIRONMENTAL ASSESSMENT AND FINDING 0F NO SIGNIFICANT IMPACT l

For the Proposed Rule f

f Amending 10 CFR Parts 2, 40, 50, 70, and 74 i

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Material Contro11and Accounting Requirements for i

Uranium Enrichment Facilities Producing Special Nuclear Material of Low Strategic Significance f

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Introduction i

The Nuclear Regulatory Cosaission'(NRC) is proposing to add a new section to 10 CFR Part 74, with conforming amendments to Parts 2, 40, 50,-

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and 70, containing performance-based material control and accotating-i (MC&A)'requirementsthatwouldbeapplicabletouraniumenrichment 4

i facility licensees that produce special nuclear material of low strategic significance. The proposed requirements are built on those found in 10 CFR Part 74.31, which apply to licensees who produce fuel for commercial ie s +

power reactors, but if :.y;;;e4 e.Id ' r.e additional requirements to e

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assure that enrichment facilities would produce only enriched uranium of low strategic significance as authorized.

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!!. The Need for the Proposed Action i

j The existing MC&A rules do not provide requirements for enrichment facilitiesbecause(1)NRChadnotreceivedanapplicationforauranium-enrichment facility, and at the time the rules were written, no prospects No.c,w44 uf for receiving an application were apparent, and (2) Swee-fem that the V

safeguards' issues pertaining to enrichment facilities were somewhat different and more complex than for fuel fabrication facilities. Now a-joint venture has indicated intent to apply for a license to build and operate a commercial uranium enrichment facility. Thus, the NRC needs to develop and formalize its regulatory position with respect to MC&A requirements applicable to uranium enrichment facilities producing I

uranium enriched to less than 10 percent in the U-236 isotope.

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III. The Environmental Impact of the Proposed Action -

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The proposed amendments will have some, but likely not measurable or identifiable, affect on the safety of facility operation and the routine

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release of, or exposure to, radioactivity,and fluorine and fluoride compounds from a commercial uranium enrichment facility.. However, the atomicvaporlaserisotopeseparation(AVLIS)technologyusesuraniumin alloy form so fluorine and fluoride hazards do not exist for those type' l

facilities.Theproposedamendmentsareedintendedtoprovide-I material control and accounting requirements for a uranium enrichment facility to protect against unauthorized enrichment and=thus reduce the risk to the public health and safety and protect the cosmon defense.

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uranium enrichment plants producing uranium enriched to less than

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10 percent in the U-235 isotope.

Two alternatives to the proposed amendments were examined. The l

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first was to take no action and regulate uranium enrichment facilities I

usingexistingrequirementsin10CFRPart70.51(b),(c),and(d). This W

j alternative was rejected because the existing regulations would not g

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provide adequate safeguards commensurate with the potential danger f operating enrichment facilities. The second alternative was to regulate uranium enrichment facilities by license condition. This alternative was.

rejected because it would provide neither the benefits of a comprehensive internal NRC review nor the benefits of public notice and comment.

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Alternative use of Resources h

The NRC will use about staff years to review and approve the i

MC&A system for a commercial uranium enrichment facility, as documented

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l by the license or applicant in its fundamental. nuclear material control plan.

VI. Agencies and Persons Consulted During development of the proposed amendments,.the Commission staff-

n. ia %s % tus e-e: -i has consulted with personnel from.tt #1.; =tr 912 5 "=t:?

d intent to apply for a license to build and operate a commercial uranium enrichment plant. Also consulted were personnel with extensive uranium i

enrichment knowledge from Martin Marietta Energy Systems, Inc. (Oak Ridge, TN),'which operates a Department of Energy enrichment facility.

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  • DRAFT

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NRC PROPOSES REGULATIONS ON MATERIAL CONTROL AND ACCOUNTING FOR ENRICHMENT FACILITIES The'Huclear Regulatory Commission is considering amending its regulations to establish material control and accounting requirements for facilities that would produce enriched uranium for commercial nuclear power plants.

The proposed new regulations would include requitgements to ensure that the uranium produced by enrichment facilities licensed by the NRC would be of 4."p re % s v g i.e., have a uranium-235 concentration of less than.10 5:q.;,;.....i percent).'

Naturally occurring uranium must be enriched in the isotope uranium-235, whose atoms readily undergo fission and are therefore suitable for a chain reaction, before it can be used as a fuel in nuclear power plants. Natural uranium contains about 99.3 percent uranium-238, which is not fissionable, and only about 0.7 percent uranium-235. Most U.S. nuclear power reactors.use uranium that is enriched to about 2 to 4 percent in uranium-235.

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l The current regulations for nuclear material control and accounting are not specifically designed for uranium enrichment licensees. There are no NRC-licensed enrichment plants in the country at the present time. All U.S.

enrichment facilities are owned by the Department of Energy and are not subject to NRC regulation.

However, there now exists a near-term potential for applications to the NRC from private companies for new enrichment

. facilities.

There is also a possibility, over a longer term,'that legislation will be' enacted that would put all or part of the Department of-Energy's (DOE's) enrichment facilities under the jurisdiction of NRC regulations.

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