Text

Staff Requirements Memo Re SECY-90-277 & Proposed Rulemaking for 10CFR74 to Require Matl Control & Accounting at U Enrichment Facilities
	ML20059N576
Person / Time
Issue date:	09/27/1990
From:	Chilk S; NRC OFFICE OF THE SECRETARY (SECY)
To:	Taylor J; NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
	FRN-55FR51726, REF-10CFR9.7 AD56-2-04, AD56-2-4, NUDOCS 9010160225
	Download: ML20059N576 (23)
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Attached are copies of-SECY. papers and related documents.

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SUBJECT:

SECY-90-277

' PROPOSED l'.U MAKING.FOR 10 CFR PART 74 TO REQUIRE lMA II L' CONTROL'AND ACCOUNTING.AT URANIUM ENRICHMENT' FACILITIES ~

I The commission-(with all Commissioners agreeing) has approved wh publication of theiNotice of Proposed Rulemaking for a 75-day.

I public comment period..- The' proposed notice should be modified.in accordance with the comments-below.- Additional-editorial' comments and clarifications are attached.

1 The proposed' notice should be-revised by; adding additional background-information and an explanation of the basis and' nature q

of.the proposed requirements.. To facilitate' meaningful public i

comment and to provide the rationale for future; interpretations of the proposed-rule, the noticeLshould provide sufficient 0

information justifying the commissionis-selection of specific provisions of the requirements such;as the frequency of dynamic y

and static inventories, discrete" limits on the.U-235 content of 1

items, and limits'on! shipper-receiver differences in-proposedL10 q

CFR 74.33(c).

The followingcexamples-illustrate-areas where additional discussion would be-helpful-1 y

1.

The licensing framework for the~ enrichment facility

.j should be summarized.

In particular, the 1988 advance D

r.otice for the-abandoned new.Part 76<should be d

referenced and'theLcurrent regulatory requirements described; currently,..a two-step licensing under,10

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r CFR.Part 50 is~ contemplated which will involve the, f

issuance'of'a construction permit, followed by an H

operating license.

Either the construction permit or l

the; operating license will include a license to receive J

SECY NOTE:

THIS SRM,.SECY-90-277,.AND THE VOTE SHEETS OF COMMISSIONERS' ROGERS AND CURTISS WILL BE MADE PUBLICLY AVAILABLE 10 WORKING DAYS FROM THE DATE OF THIS SRM i

- R.,

- and possess source material pursuant to.10LCFR-Part^40 and a license to receive and possess 1special nuclear.

material 1pursuantito Part 70.

Once this: framework is, explained, the reader.can'better understand-the; proposed changes.and the. applicability of'Part 70-requirements.

2.

-This particular rulemaking'is only part of'the safeguards and physicalzsecurity that must;beiaddressed.

for an enrichment-facility.

This context 1should be presented.. For. example, the centrifuges;will1need to be-protected from theft,. unauthorized viewing,for-unauthorized usefonce:they are received at-the? site ~,

whether:or.not.the authority to receive and' possess source or special-nuclear materialthas'been~ granted..

The proposed rule in=SECY-90-277 does not; address security at alliand' appears-to. address. safeguards 1only-when' routine production.is authorized..See the; discussion on page 5-1 of Enclosure.3, the-Draft;

' Regulatory Analysis, for :a ' list of" safeguards / and '

security topics which remain to,be' addressed.

.The-special problems that'will.be. associated'with~.the modular. construction'to~ add additional'unitsLafter operations begin is.not addressed.

Thejproposed. notice should indicate how-the topics' listed.in the' Draft Regulatory Analysis-andfany other unresolved safeguards and security matters will be addressed in subsequent.

rulemakings,: orders,.or111censeH conditions. '

3.

'The proposed amendments to Section,74.171(page 21 of.

6 ) change reporting from the1 Regional Offices to Headquarters,'but this. change is'not identified in the notice.

This change'should'be" identified.

4.

The discussion of the differences:betweeni10 CFR 74.31 and the proposed new 10 CFRL74.33 in the notice 11s discussed only very briefly.

An: amplified discussion would be. helpful.- For-example, the rationaleefor,a 24-hour startup. phase for centrifuge facilities-does

.not discuss the basis forsa 24-hour: period versus some other time period.

It also doesn't;discussiwhy"similar-requirementsLaren't needed forcother types of enrichment facilities.

.A4 major new feature of the=

program -is the nced to account-for all of :the uranium-235 on site,1whether natural, depleted,-or enriched uranium. - The provisions in the rule hinge on-s j.

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the: total uranium-235 contained in all source material and special nuclear material present at.the: site.

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point should4 be discussed more' fully in the. notice and l

emphasized and. clarified.in the rule.

(EDO)-

(SECY Suspense:

10/26/90)-

Attachments:

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cc: - Chairman:Carr Commissioner; Rogers Commissioner Curtiss Commissioner Remick

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Federal Register Notice-9

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Je requirements that (1) recognized the different' levels'of safeguards

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. significance among the different types ofiSNM,'and-(2) converted MC&A requirements from a pr:;scriptive-based to a performance-based format.(in H

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accordance with NP.C policy).

1 The exieting provisions.of Part 74, specificallp 10 CFR 74.31, i

i pertained to licensees (and applicants) authorized to possess and:uset l

!aore than one effective kilogram' of SNMlof low strategic' significance las t

i defined in 10 CFR 74.4 Enri chment f acil i ti es were ; speci fi cal ly. exempted 9

- [-fromcoverage_by10CFR~74.312because"(1)NRChadnotreceivedan;

. application for a uranium enrichment facility,' and at that times saw no prospects for receiving such an application, and.(2)~the-NRC. believed-sj that the safeguards-issues pertaining! to enrichment facilities producing-j 1

SNM of low strategic significance-(i.e.. enriched uranium with a' U 239 concentration below 10 percent) were somewhat different and'more complex than for other 10 CFR 74.31 type facilities.

There is a possibility that applications for-a license for the:

construction and operation'of'new enrichment facilities may'be submitted.

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to the NRC in the near future.. There is also a possibility, over;a

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L longer term, that legislation will1be enactedihat would put all or part

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of the' Department of Energy's (DOE) enrichment' facilities under the i

jurisdiction of NRC regulations. -It would thus,be'appropriale forithe NRC to clarify and formalize its regulatory position with respect ty,o MC&A (

c requirementsapplicabletoenrichmentfacilitiesproducinglowenrichedj g

Luranium p Section 74.31 is a set of MC&A objectives and capabilities require of licensees to assure the NRC and the general public that proper' l

stewardship of SNM is maintained.

These requirements provide adequate-p 3

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protection'for SNM of low strategic significance at existing licensed j facilities. 44ewevost /n enrichment-facility can be _used clandestinely-e

-for production of high enriched' uranium or unauthorized production of:

uranium of authorized enrichment using source material that was not entered into the accounting system. Thus, additional safeguards are J

j needed for enrichment facilities to protect against such unauthorized Insert from '

activities. For centrifuge enrichment facilities,it is expecte'd that i

N during startup of each cascade the' enrichment level in the-cascade'may-

'd temporarily exceed the regulatory limit. lThis = is considered to be part

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ofthestartupprocessandnotanunauthorizedactivity.hSince'the j

. proposed 10 CFR 74.33 was developed by starting with the existing'

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-10 CFR 74.31 requirements, most of the~ general performance objectives'of; 10 CFR 7_4.31 were incorporated. Notably 10 CFR 74.31(a)(3)~,;" Aid in the investigation andt recovery f missing material," was not retained.

Although this objective might be helpf;ul following an actual; theft of~

' SNM, it is not logically part of an MC&ALsystem[The proposed 9 g

10 CFR 74.33 sets'forth requirements for traditional MC&A measures-and Mco e, -

additional measures to protect against unauthorized activities at facilities producing SNM of low strategic significance. The proposed

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10 CFR 74.33 does not depend ~on 10 CFR 74.31 but is intended to.be a, stand-alone provision, k %c ComWesn isjeopsi

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Or - freposeek rq0irement5 Draft Regulatory Guide Enrithment AdliMts.

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The proposed rule is written in general, performance-based language to give the applicant flexibility in designing a. cost-effective system to-make best use of site-specific features. The purpose of the draft regulatory l

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4 because it involves activities'that can only begin7after the material has left the licensee's control..

Recovery.of missing material is' a responsibility of the U.S. Department of Justice,.

which has ample authority to-compel any licensee's= assistance in its investigatory and-prosecutorial activities.-

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,1 Paperwork Reduction Act Statement

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This prop 1 sed rule amends information collection requirements;that are subject to t'ie Paperwork Reduction Act (44 U.S.C. 3501 et seq.). The--

recordkeeping and reporting requirements in this rulemaking have been submitted to the 0ffice of Management and Budget for review and approval =

of the paperwork req 3irements.

Publicireporting Lurden for this collection of informatton is'esti--

mated to average hours per response, including the time for. reviewing;

. instructions, searching eristingLdata sources, gathering-ahd maintaining the' data needed, and completing _and rev_iewing the. collection of informa-tion. Send comments regarding this burden estimate or any other aspect' of this collection of information,-including suggestions'for reducing-this burden, to the;Information and Records Management Branch MNBB-7714, 1

U.S. Nuclear Regulatory Connission, Washington, DC 20555; and to the Desk j

Officer', Office.of LInformation and: Regulatory Affairs, NE0B-3019, (3150-0123), Office of Management.and Budget,. Washington; DC 20503.

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l Draft Regulatory Analysis c

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The NRC has prepared a draft regulatory analysis'oni his proposed t

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. regulation. The analysis' examines the costs and benefits of the

alternatives considered by the NRC.

The Connission requests public comments on the draft regulatory

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analysis. Consients on the draft analysis may, be submitted to the NRC.as-indicated under the ADDRESSES heading.

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. Regulatory Flexibility ' Certification-E

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In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b),

the Comission certifies that..if promulgated, this rulemaking will not y

have a significant economic impact on a substantial number of.small q

entities. The proposed rule, when promulgated. would affect' only persons -

who build or operate enrichment facilities producing enriched uranium of low' strategic-significance. The owners of enrichment-facilities'do not-H fall within the sc' ope of the oefinition of "small entities" set forth in-j Section _601(3) of the Regulatory Flexibility Act,15 U.S.C. 632, or the" Small Business Size Standards _ set out'in regulations issued by the:Small.

j Business ' Administration at IT CFR'Part 121.

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Backfit-Analysis -

q The NRC has determined that the backfit' rule! 10 CFR 50.109, does not. apply to this proposed rule and, thus, a backfit' analysis is not-required for these amendments because it does _not involve any provisions

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L that would impose backfitsp; if';;$1n 10 CFR 50.109(a)(1)(,i)- (iv').

L. oni U t 8.nSe5, aff rova.lsf ' r qlienti,e e

& any existig' facilims described List of Subjects-

. r, Part 2: Administrative practice and procedures, Antitrust, j

3 Byproduct material, Classified information,: Environmental protection, l

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' AUTHORITY: Secs. 62, 63, 64, 65, 81, 161, 182.,183, 186, 68 Stat.

932, 933, 935, 948, 953,1954, 955, asamended, secs,11e(2),83,84', Pub; L'.95-604,92 Stat.-3033,asamended,3039;sec.234,83 Stat.444,as; i

amended (42U.S.C.'2014(e)(2),2092,2093,2094,2095,2111,2113,2114, e

2201,2232,2233,2236,2282);sec.274, Pub.L'.86-373,73 Stat.688(42 i

.1 U.S.C. 2021); secs.-201, as amended, 202, 206,~88 Stat. 1242, as amended, j

1244,1246 (42' U.S.C. 5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended-by Pub. L.97-415,96 Stat.-2067.(42U.S.C.2022).

Section 40.7 also issued under Pub. L.95-601, sec.10, 92: Stat.

2951(42U.S.C.5851)..Section40.31(g)alsoissuedundersec.122,68 i

Stat.939(42U.S.C.2152). Section 40.46-also issued _under-'sec. 184, 68 u

Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also' issued under sec.187,'68 Stat. 955 (42 U.S.C. 2237).

For the purposes of sec. 223, 68 Stat. 958, as amended-(42.U.S.C.

2273);,il40.3,40.25(d)(1)-(3),40.35(a)-(d)and.(f),40.41(b) Land (c),

40.46, 40.51(a) and (c), and 40.63 arelissued under sec.7161b, 1611, and 161o,68 Stat.948,949,and950,asamended,(42U.S.C.2201(b),

2201(1),and2201(o)),andil 40.5,40.9,40.24(c),(d)(3),and:(4),

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40.26(c)(2),40.35(e),40.42,40.61,40'62,'40.64,and40.65areissued under sec. 161o, 68 Stat. 50,asamended(42U.S.C.2201(o))'.-

4.

.In5.40.1, paragraph (a)is' revised'toreadas.follows:

i i 40.1-Purpose.

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(a) The regulations in this part establish procedures and criteria for the issuance of licenses.to receive title to, receive,' possess, use, C

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-(s) The. regulations.incthis:partiestablish procedures and criteria.

for the issuance of. licenses;to' receive title to, receive, possess, use,:

I transfer...or deliver source and byproduct materials,. as defined in this' part,.and establish.and provide for the terms and conditions upon which the Consission will' issue these 11cer.ses.'Qhese regulations:also provide, for the. disposal of byproduct material and-for the long-term care and custody of byproduct material and= residual. radioactive material. The reculations.in this part also establishTcertain requirements for the

-physical protection of. import, export, and transient shipmentsfof. natural-uranium.

(Aoditional requirements applicable to the' import and export of-natural uranium-are set forth iniPart 110-of this chapter.)

-(Additional requirements.

applicable to natural and depleted uranium at enrichment-facilities aren J

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. set forth in Part 74 of this Chapter.).

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ansfer, or deliver source and byproduct materials, as defined in th part, and establish-and provide for the terms and conditions upon which the Commission will issue such licenses.

(Additional requirements 4

applicable.to natural-and depleted uranium at enrichment facilities are-set forth in Part 74 of this Chapter.)> The-regulations in this part also I

establish certain requirements for the physical protection of import -

export, and transient. shipments of natural uranium.

(Additional require-ments applicable to the import and export of natural uranium are set' t

forth.inPart110ofthis. Chapter.).The regulations in this part do not-establish procedures and criteria for the issuance of licenses for materials covered under Titleil of the Uranium Mill Tailings Radiation ntrol Act of 1978(92 Stat.3021).-

4 PART 50.- DOMESTIC LICENSING'0F' PRODUCTION AND UTILIZATION-

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The authority citation for Part 50 continues to read as follows:

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.i AUTHORkTY: Secs. 102,'103, 104,.105, 161, 182' 183, 186, 189, 68

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Stat. 936, 937, 938, 948, 953, 954, 955, 956,, as amended, sec. 234, 83

,,i Stat.1244,asamended(42.U.S.C.2132,2133,2134,-2135,-2201,2232,-

2233,2236,2239,2282); secs.-201as-amended, 202, 206, 88 Stat.'1242, as amended, 1244,1246(42U.S.C.5841,5842,5846).

l Section 50.7 also issued under Pub. L.- 95-601, sec.10, 92 Stat.

2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 12

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' 4'j Section 70.61 also issued under' secs. 186,187, 68 Stat. 955 (42 U.S.C.

2236, 2237). -Section 70.62 also, issued under sec. 108, 68. Stat. 939, as amended (42 U.S.C. 2138).

For the purposes of sec. 223, 68 Stat.- 958, as amended (42-U.S.C.

2273); il 70.3, 70.7(g)= 70.19(c), 70.21(c), 70.22 (a)', (b) (d)-(k), 70.24 (a),and(b),70.32(a)(3),-(5)and(6),'(d).and(1),70.36,:70.39(b)and (c), 70.41(a), 70.42(a)- and (c), 70.56, 70.57 (b), (c), and (d), 70.581 (a)-(g)(3), and. (h)-(j) are. issued under sec. 1616,1611,and-1610,68-Stat. 948, and 950, 'as amended (42 U.S.C. 2201 (b) 2201(1), and t

2201(c)); il 70.7, 70.20a (a) and'(d), 70.20b (c) and-(e), 70.21(c),

70.24(b)-70.32(a)(6),(c),(d),(e),and(g),70.36,70.51(c)-(g).

70.56, 70.57 (b) and (d), 70.58 (a)-(g)(3) and (h)-(j).are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(1)); and il 70.5, 70.9,~70.20b(d)and(e), 70.38,-70.51-(b)and(1),70.52,70.53,70.54,.

70.55, 70.58 (9)(4), (k) and (1), 70.59, and 70.60 -(b)- and (c). are issued

. under sec.161o, 68 Stat. 950, as amended (42.U.S.C. 2201(o));.

8.

In 5 70.22, paragraph.(b) is revised to read as follows:

i 70.22 Contents of applications.

1 (b) Each application for a license to possess special nuclear material and equipment capable of enriching uranium, or, to possess and-use at any one time and location special nuclear material in a quantity exceeding one effective kilogram except for applications for use as sealed sources and for those uses involved in the operation of a nuclear; reactor licensed pursuant to part 50 of this chapter and those involved j

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.i (3) Protect against-andLdetect unauthorized production of uranium of low strategic significance; (4) Resolve. indications of missing uranium; (5) Resolve indications of any production of uranium ~ enriched 'to-10 percent or more,in the isotope.U-235; and

.(6) Resolve l indications of. unauthorized production of uranium of low strategic significance.

(b) Implementation dates. Each applicant for a license who would,.

upon issuance of a license' pursuant,to any part of this chapter, be 1

subjecttothe' requirements lofparagraph(a)ofthissectionshall-(1) No later than 2 yearsDpr.ior to facility start up, su'bmit a fun >

damental nuclear material control = plan describing-how the performance objectivesandthesystemfeaturesandcapabilitiesof574.33(c)willbe' Cegiained 'm.

met; and nai.c 4 depleted, M

_(2)Implementtheapprovedplansubmittedpursuanttoparacaph or enriched 3

_ g.ivtal d uranium X (b)(1) of this section prior to (a) receipt of more than 5,000 grams of 4

it$ or U-235for(b).theNRC'sissuanceofa' license h egerak an enNehment Scilify.

3 (c) System features and capabilities. To meet the general performanceobjectivesofparagraph-_(E)ofthissection,thematerial-control and accounting (NC&A) system must include the features and capabilitiesdescribed'nparagraphs(c)(1)through(8)ofthissection.-

The licensee shall estrblish, document, and maintain:

(1) A management structure that assures:

l (i) clear overall responsibility for MC&A functions; (ii)independenceofMC&Amanagementfromproduction E

responsibilities; j-(iii) separation of key MC&A responsibilities from each other; and i

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(iv)useofapprovedwrittenMC&Aproceduresandperiodicreviewof..

d those procedures;.

(2) A measurement program that assures that all quantities'of source material and special nuclear material in the accounting records j

are' based on accurately measured values; (3) A measurement control program.that assures that:

and.

(1)measurementbias-isestimatedpminimizedthroughthemeasurement control program, and any significant biases are eliminated from inventory difference values of record; (ii) all MC&A measurement systems are controlled.so'that twice the-i standard error of the inventory difference is less than the greater of 5,000 grams of U-235 or 0.25 percent of the active inventory for bh 1

total plant material balance; and-t (iii) any measurements performed under contract:are controlled so that the licensee can satisfy this requirement;-

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(4) An inventory program that assures that. accurate,. current, and.

sevete. and Egelal nue.leoc vnaterial reliable knowledge off". x4 Ais maintained, and-that inclu' des:-

(1) performing', unless otherwise required to satisfy Paft 75 of this I~

chapter, a dynamic (nonshutdown)- physical inventory of 1n-process uranium

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and U-235 at least every 65 days, and performing a static physical t

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' tantajned'in adoftd cleeleitd And enNched L,

inventory of all other uranium-and 0-235 located outside o,f. the ~,'

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r, enrichment processing equipment at least every 370 calendar days, with ~

static physical inventories being conducted in conjunction'with a dynamic l

i physical inventory of in-process = uranium and U-235 so as to provide a.

l total. plant material balance at least every 370 calendar days; and

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(ii) reconciling and adjusting the book -inventory to~ the results.of L

the static physical inventory and resolving, or reporting an inability to j

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resolve, any inventory difference-that is rejected by a statistica11 test.

which has a 90 percent power of detecting a discrepancy of a quantity of U-235 established by NRC on a site-specific basis within 60 days after the start of each. static' physical-inventory; (5) A detection program, independent of. production,;that provides highassuranceofdetectionofanyh' (i)'productionofuraniumenrichedto10percentormorein.the" U-235 isotope in any.. product stream, and (ii)-unauthorized production of uranium of low strategic-significance;

.(6) Anitemcontrolprogramthatensuresthath.

'(1) current kno'wledge is maintained of: items that exist'for 14'or i

more calendar days trith respect-to identity, uranium.and U-235 content,

_ g and stored location, and (ii)itemsare'storedand' handled,.or.subsequentlymeasured,'in[a 5

manner so that the amount of U-235' involved in any unauthorized removal of items or uranium from items greater than 500 grams will be detected.

4 Exempted are licensee-identified items'each containing less than!500-grams U-235 up to a cumulative total of 50. kilograms of U-235; (7) =A resolution program that ensures that any shipper-receiver i

differences are resolved that are statistically significant and exceed 500gramsU-235onh*,

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(ii) a total shipment basis for;all source material and special.

7 nuclear material; and.

(8)'Anassessmentprogramthat; 3

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',a ENVIRONMENTAL ASSESSMENT AND FINDING.'0F NO SIGNIFICANT IMPACT.

i For the Proposed RuleL l

Amending 10 CFR. Parts 2, 40, 50, 70, and 74

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Material Control' and Accounting Requirements for' s

Uranium Enrichment Facilities Producing Special Nuclear Material of Low Strategic' Significance I.

Introduction The Nuclear Regulatory Commission:(NRC) is~ proposing to add a new section to 10 CFR Part 74. with conformingLamendments to Parts 2, 40, 50, d

and 70, containing performance-based material control and accounting l

(MC&A) requirements that would be applicable!to uranium enrichment facility licensees that produce-special. nuclear material of low strategic L

significance. The proposed requirementstare built'on those found-in 10 L

L CFR Part 74.31, which apply to licensees who produce fuel for commercial'

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power reactors,. but 4? ede,;td aM 'r;rigadditional requirements to 3

p assure that enrichment facilities would produ'ce only: enriched uraniufh of lowstrategicsignificancejasauthorized.

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a II. -The Need for the Proposed Action The existing MC&A rules do not provide requirements for. enrichment a

facilities because (1)'NRC had'not received an application for a. uranium q

enrichment-facility, and at the time the rules were written no prospects-for: receiving an application ~ were apparent,'and-(2)WRC-kliewd 4i yu TolC that.the 3

i safeguards issues pertaining to enrichment facilities were somewhat different.andmorecomplexthanforfuel$fabricationfacilities. Now a joint venture has: indicated intent to. apply for'a license to build and operate a comercialf uranium enrichment facility. ' Thus,- the NRC needs to develop and formalize its regulatory' position with respect to MC&A

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requirements applicable to uranium enrichment facilities producing-j uranium enriched to less than 10 percentiin!the'U-235 isotope.

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III. The Environmental Impact of: the, proposed Action d

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The proposed amendments will.Ove'some, but likely not measurable or l

identifiable, affect on the safety of facility operation and the routine or release of, or exposure to, radioactiYity endtfluoriney fluoride-r compounds from a commercial uranium enrichment facility. However, the' atomic vapor laser isotope separation (AVLIS) technology us'es uranium in' r,

alloy fonn so fluorine and fluoride hazards do not-exist for those ' type facilities. The proposed amendments are en1tintended to provide 6

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 common defense.

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uranium enrichment plants producing. uranium enriched to less'than 10 percent in the U-235. isotope.

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Two alternatives to the proposed amendments were examined. The-first was to take no'. action and regulate uranium enrichment fac111 ties

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i using existing requirements in~10 CFR Part 70.51(b),(c),iand (d). This alternative was rejected because the existing regulations'would not W

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. provide adequate safeguards comensurate.with the potential dangerfofo

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operating enrichment facilities. -The second' alternative was to regulate ~

w uranium enrichment facilities by license condition. This alternative was:

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

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V.

Alternative Use of Resources i

TheNRCwilluse,abou_t.9

' staff years to review and approve the:

MC&A system for a consnercial uranium enrichment facility, as documented by the license or applicant'in its fundamental nuclear material-control plan.

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L VI. Agencies and Persons Consulted is a

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Duringdevelopmentofthe+proposedamendments,'theCommissionstaff'

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L.Ws iana. Snecqy 6ccAce.s re has consulted with personnel froe the jekt...L..

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intent to apply for a license.to build and operate a commercial uranium enrichment plant. Also consulted'were personnel with extensive uranium enrichment knowledge from Martin Marietta Energy Systems, Inc. (Oak Ridge,.TN), which operates a Department of Energy enrichment facility.

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.1 Draft Public Announcement

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DRAFT NRC PROPr!Ms REGULATIONS ON MATERIAL CONTROL AND ACCOUNTING FOR ENRICHMENT FACILITIES The Nuclear Regulatory Commissioh is considering amendng its regulations to establish material control and accounting requirements for f acilities thct would produce enriched uranium for commercial nuclear power plants.

The proposed new regulations would include requirements to ensure that the uranium produced by enrichment facilities licensed by the NRC would be of-

-enht low (g:r igic, Shh41cuet.,L n r.,(i.e., have a uranium-235 concentration o b

percent).

i Naturally occurring uranium must be enriched in the isotope uranium-235, whose atoms readily undergo fission and are therefore suitable for a chain rar, tion, before it can be used as a fusi 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. Post U.S. nuclear power reactors use uranium that is enriched to about 2 to 4 percent in uranium-235.

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. AllD.S.

e 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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ML20059N576

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SUBJECT:

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