ML20134A904
| ML20134A904 | |
| Person / Time | |
|---|---|
| Issue date: | 01/27/1997 |
| From: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| FRN-62FR5907, REF-10CFR9.7 AF58-2-003, AF58-2-3, M970122, SECY-96-268-C, NUDOCS 9701290165 | |
| Download: ML20134A904 (4) | |
Text
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UNITED STATES E*
1 NUCLE AR REGULATORY COMMISSION W ASHIN CT ON,0.C. 20555 5
.. l IN RESPONSE, PLEASE E
REFER TO:
M970122B January 27,.1997 a
OFFICE OF THE SECRETARY MEMORANDUM FOR:
Hugh L. Thompson, Jr.
Acting Executive Director for Operations John F. Cordes, Acting Director of 'ce of ommission Appellate Adjudication 1
l-L--.
FROM:
Joh C.
oy e, Secretary STAFF REQUIREMENTS - AFF1RMATION SESSION, I
SUBJECT:
11:30 A.M.,
WEDNESDAY, JANUARY 22, 1997, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, POCKVILLE, MARYT,AND (OPEN TO PUBLIC ATTENDANCE) 1 L.
SECY-96-268 - Final Rule to Amend 10 CFR Part 71 for Fissile Material Shioments and Exemotions approved publication of an immediately effective 2
The Commission final rule amending 10 CFR Part 71 to correct a recently discovered defect.
The following changes should be made to the Federal Reaister notice.
,in the first line of the Background section, add On page 2 1.
' Babcock & Wilcox, Naval Nuclear Fuel Division (B&W),' after
' licensee.'
2.
On page 3, in the first line on the page, replace ' Babcock &
Wilcox, Naval Nuclear Fuel Division (B&W),' with 'B&W.'
3.
The followine sentences should be added to the " Summary" section and included in the public announcement.
"The regulatory defect is not indicative of unsafe fissile material shipments in the past.
Rather, it was.
Section 201 of the Energy Reorganization Act, 42 U.S.C.
2 Section S841, provides that action of the Commission shall be determined by a " majority vote of the members present."
Commissioner Diaz was not present when this item was affirmed.
Accordingly the formal vote of the Commission was 4-0 in favor of the decision.
l Commissioner Diaz, however, had previously indicated that he i
he would approve this paper and had he been present would have affirmed his prior vote.
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9701290165 970127 C401 /W PDR 10CFR PT9.71 PDR gp )
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of an identified by B&W during preparation for shipment could unprecedented type of fissile material that result in nuclear criticality under current This unique material is produced as a requirements. from processing of strategic material waste product resulting from operations to commercially downblend weapons-usable fissile material from the former Soviet Union."
The addition noted in number 3. above should be added after sentence 1, paragraph 2, to each of the Congressional letters contained in enclosure 2.
In line 1, paragraph 2, of the Congressional letters, add 'on September 11, 1996,' after
' notified the NRC.'
the Federal Reaister Following incorporation of these changes, notice should be reviewed by the Rules Review and Directives Branch in the Office of Administration and forwarded to the Office of the Secretary for signature and publication.
(EDO)
(SEC Suspense:
02/28/97)
The staff should ensure that codes used for criticality The photo calculations consider the n42n beryllium reaction.
neutrons are a minor component and difficult to take into account. The interaction between arrays (cake) could also be important.
The staff should consider the criticality issues raised in SECY-96-268 in a broad context and examine previously-unanticipated fissile materials and moderators in other areas of The staff should consider the fuel cycle and waste programs.
criticality issues -egarding special moderating materials in processes at licensees' facilities, in storage awaiting transportation, and after disposal at waste facilities.
(EDO)
(SECY Suspense:
3/31/97)
The staff should consider issuing guidance to clarify the application of the tables on pages 22 and 23 to situations where fissile materials with different hydrogenous moderators may be shipped in the same container.
L
i E
e of an identified by B&W during preparation for shipment could unprecedented type of fissile material that result in nuclear criticality under current This unique material is produced as a requirements. from processing of strategic material waste product resulting from operations to commercially downblend weapons-usable fissile material from the former Soviet Union."
The addition noted in number 3. above should be added after sentence 1, paragraph 2, to each of the Congressional letters contained in enclosure 2.
In line 1., paragraph 2, of the Congressional letters, add 'on Sept.mber 11, 1996,' after
' notified the NRC.'
the Federal Reaister Following incorporation of these changes, notice should be reviewed by the Rules Review and Directives Branch in the Office of Administration and forwarded to the Office of the Secretary for signature and publication.
(SEC Suspense :
02/28/97)
(EDO)
The staff should ensure that codes used for criticality The photo calculations consider the n42n beryllium reaction.
neutrons are a minor component and difficult to take into account. The interaction between arrays (cake) could also be important.
The staff should consider the criticality issues raised in SECY-96-268 in a broad context and examine previously-unanticipated fissile materials and moderators in other areas of The staff should consider the fuel cycle and waste programs.
criticality issues regarding special moderating materials in processes at licensees' facilities, in storage awaiting transportation, and after disposal at waste facilities.
(EDO)
(SECY Suspense:
3/31/97)
The staff should consider issuing guidance to clarify the to situations where application of the tables on pages 22 and 23 hydrogenous moderators may be fissile materials with different shipped in the same container.
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l l
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I i
Y II, SECY-97-004 - Soauovah Fuel Corporation and Gene _ral Atomics; LBP-96-24 Approvina Settlement with General Atomics and Dismissinc Proceeding approved an order granting the petitions filed 2
The Commission Native Americans for a Clean by the State of Oklahoma,and the Cherokee Nation for Commission review of the Environment, LBP Atomic Safety and Licensing Board's Memorandum and Order, in which a majority of the Board 24, dated November 5,
- 1996, approved a settlement agreement between the NRC staff and General Atomics.
(Subsequently, on January 22, 1997 the Secretary signed the Order.)
cc:
Chairman Jackson Commissioner Rogers Commissioner Dicus Commissioner Diaz Commissioner McGaffigan EDO OGC OCAA OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
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2 Section 201 of the Energy Reorganization Act, 42 U.S.C.
Section 5841, provides that action of the Commission shall be determined by a " majority vote of the members 1
present."
Commissioner Diaz was not precent when this item was affirmed.
Accordingly the formal vote of the Commission was 4-0 in favor of the decision.
Commissioner Diaz, however, had previously indicated that he he would approve this paper and had he been present would have affirmed his prior vote.
1