ML20134A941
| ML20134A941 | |
| Person / Time | |
|---|---|
| Issue date: | 01/06/1997 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20134A897 | List: |
| References | |
| SECY-96-268-C, NUDOCS 9701290184 | |
| Download: ML20134A941 (5) | |
Text
.
AFFIRMATION VOTE RESPONSE SHEET TO:
John C. Hoyle, Secretary FROM:
COMMISSIONER MCGAFFIGAN
SUBJECT:
SECY-96-268 - FINAL RULE TO AMEND 10 CFR PART 71 FOR FISSILE MATERIAL SHIPMENTS AND EXEMPTIONS Approved x (
Disapproved Abstain Not Participating Request Discussion COMMENTS:
4 a d O. L W./'
SIGNM'I'IIRE b Release Vote
/ I /
l DATE Withhold Vote
/
/
Entered on AS" Yes X
No bR O
SN C
CORRESPONDENCE PDR
.. ~
l 1
Commissioner McGaffican's Comments on SECY-96-268:
I approve of the staff proposal to publish an immediately effective subject to the comment below and the edits
- rule to amend Part 71 indicated on the attached pages.
The following sentences should be added af ter centence 1,
paragraph 2, to each of the Congressional letters contained in l
j "The regulatory defect is not indicative of unsafe fissile material shipments in the past.
Rather, it was identified by B&W during preparation for shipment of an unprecedented type of fissile material that could result in nuclear criticality under-current requirements.
This unique material is produced l
as a waste product from processing of strategic material resulting from operations to commercialy downblend weapons-usable fissile material from the former Soviet Union."
i 1
1 d
a s
4 9
r
.u e
.--6*
a r
-i-=
or-
--*-a
~.
ADDRESSES: Comments may be submitted either electronically or in written form. Mail written coments to: U.S. Nuclear Regulatory Comiss' ion, t
t n
Docketing and Service Branch.
Hand t
Washington, DC 20555-0001, Attention:
deliver coments to:- 11555 Rockville Pike, Rockville,'MD between 7:30 am and
_4:15 pm Federal' workdays.- For information on submitting coments
[
electronically, see the discussion under Electronic Access in the 4
4 -
Supplementary Information Section. Copies of coments received may be examined at the NRC Public Document Room, 2120 L Street NW. (Lower Level),
Washington, DC.
4 FOR FURTHER INFORMATION CONTACT:
Naiem S. Tanious, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC i
20555-0001, telephone (301) 415-6103, E-mail:
INTERNET:NST9NRC. GOV T
i SUPPLEMENTARY INFORMATION:
b/
y, wM ' W,p'8
Background
g9 y,
Qw i
On September 11, 1996, an NRC fuel cycle facility licensee notified NRC by-telephone that it had discovered that the NRC and U.S. Department of Transportation (DOT) regulations (10 CFR 71.53 and 49 CFR 173.453, 3
i respectively) on fissile exempt shipments do not provide adequate criticality safety for certain shipments of fissile material' (enriched uranium l'
' Fissile material is defined in 10 CFR Part 71 and 49 CFR Part 173 as:
plutonium-238, plutonium-239, plutonium-241, uranium-233, uranium-235, or any combination of these radionuclides.
Packages used for shipment of materials containing these radionuclides must meet specific standards and operating limits designed to preclude nuclear criticality during transport, unless excepted by specific regulations (e.g., 10 CFR 71.53 or 49 CFR 173.453).,
I 4-
fp) containing beryllium oxide.) Specifically, hb:cA 1 Wilemr-Mar d ""cle w 7 3"al Mvitien h, discovered through calculations, that a shipment, intended to be shipped pursuant to 6 71.53(d), containing large amounts of an exempt concentration of enriched uranium in the presence of beryllium, could j
J result in a nuclear criticality.
B&W indicated that a beryllium oxide-2 enriched uranium mixture would be produced as a waste product from its processing of strategic material resulting from operations to commercially downblend weapons-usable fissile material from the former Soviet Union.
B&W j
promptly notified the NRC of its concern, provided its calculations to the NRC, and made commitments not to make any such shipments.
The NRC staff subsequently reviewed and verified B&W's calculations and determined that expeditious revisions to NRC regulations are needed to cor act the deficiency because an inadvertent nuclear criticality in the public domain could involve fatalities, health effects from the resulting radiations, and extensive clean-J up costs.
The criticality safety problem brought to NRC's attention with respect to 5 71.53 caused the NRC staff to review 10 CFR Part 71 to determine whether any other provisions of-this Part might be similarly deficient.
The general licenses in 55 71.18 and 71.22 provide for criticality control by limiting the quantity of fissile material in a single package (i.e., similar to the d
i
~
2For transportation purposes, nuclear criticality means a condition in which an uncontrolled, self-sustaining and neutron-multiplying fission chain reaction occurs. Nuclear criticality is generally a concern when sufficient concentrations and masses of fissile material and neutron moderating material exist together in a favorable configuration.
The neutron moderating material.
~
cannot achieve criticality by itself in any concentration or configuration.
It can enhance the ability of fissile material to achieve criticality by slowing down neutrons or reflecting neutrons.
[%g$
UNITED STATES c,
p=
NUCLEAR HEGULATORY. COMMISSION j
g WASH'MGTON, D.C. 20066 4 001 o
)
k.....
The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power l
Committee on Commerce United States House of Representatives l
Washington,-DC 20515 4
i
Dear Mr. Chairman:
.The~ NRC has sent to the Office of the Federal Registe exemptions.
@ " 'i
- An NRC fuel cycle facility licensee, Babcock & Wilcox (B&W), notified the NRC g%
h t NRC and Department of s
.that it had discovered a defect in t e curren Transportation (DOT) regulations, in 10 CFR 71.53 and 3
fissile material.tThe NRC reviewed its regulations and determined thatwere i
revisions to 10 CFR Part 71.53, 71.18, 71.22 j
because shipments under these three sections can be made without specific NRC j 4
l1 t
approval.
g ggg In addition to this rulemaking, the NRC has taken other actions to protect public health and safety, including obtaining a commitment from B&W not to j
An i
make such shipments and confirming this with a legally binding order.
3-Information Notice was also issued to all special nuclear material licensees.
This rule will utilize the " good cause" exception to the Administrative Procedure Act's (APA's) requirement for notice and comment (5 U.S.C. 553 (b)(B)), as permitted under 10 CFR 2.804(d)(2) of the Commission's y
regulations, because providing public notice and comment is impractical and contrary to public interest in this' case where an inadvertent criticality in the public domain could involve fatalities, health effects from the resultant This rule will also utilize the radiation, and extensive clean-up costs.
" good cause" exception to the APA requirement that a final rule must be published at least 30 days before its offective date (5 U.S.C. 553(d)(3)) and However, the public will be provided a 30-will become effective in ediately.
day post promulgation comment. period and the Commission will publish a response to significant comments in the Federal Register.
y Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs l
Enclosure:
Federal. Register Notice Representative Frank Pallone cc:
P g.-
u,-
=-.
.-.-~-
- p >* C'49'o UNITED STATES t
NUCLE AR REGULATORY COMMISSION
[~
W ASHIN GTON, D.C. 20555 7,
ij IN RESPONSE, PLEASE g
REFER TO:
M970122B January 27, 1997 OFFICE OF THE
$ECRETARY MEMORANDUM FOR:
Hugh L. Thompson, Jr.
Acting Executive Director for Operations John F. Cordes, Acting Director of ce of ommission Appellate Adjudication IR_
FROM:
Jo C.
oy e, Secretary s
STAFF REQUIREMENTS - AFFIRMATION SESSION,
SUBJECT:
11:30 A.M.,
WEDNESDAY, JANUARY 22, 1997, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, FOCKVILLE, MARYTAND (OPEN TO PUBLIC ATTENDANCE)
J 12 SECY-96-268 - Final Rule to Amend 10 CFR Part 71 for Fissile Material Shioments and Exemotions The Commission approved publication of an immediately effective 2
final rule amending 10 CFR Part 71 to correct a recently i
discovered defect.
The following changes should be made to the i
Epderal Reaister notice.
1.
On page 2,in the first line of the Background section, add
' Babcock & Wilcox, Naval Nuclear Fuel Division (B&W),' after 5
' licensee.'
2.
On page 3, in the first line on the page, replace ' Babcock &
Wilcox, Naval Nuclear Fuel Division (B&W), ' with 'B&W '
j 3.
The following 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.
i Section 5841, 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 Commiscion was 4-0 in favor of the decision.
Commissioner Diaz, however, had previously indicated that he would approve this paper and had he been present he would have affirmed his prior vote.
w=
1 l
l identified by B&W during preparation for shipment of an could unprecedented type of fissile material that result in nuclear criticality,under current requirements.
This unique material is produced as a 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
'noLified the NRC.'
the Federal Recister 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)
(SECV Suspense:
02/28/97)
The staff should ensure that codes used for criticality calculations consider the n42n beryllium reaction.
The photo 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 fissile materials with different hydrogenous moderators may be shipped in the same container.
i 1
i 4
i e
- Secuovah Fuel Corocration and General Atomics; 112 SECY-97-004 Acorovina Settlement with General Atomics and LBP-96-24 Dismissino 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 Mt.marandum and Order, 24, dated November 5, 1996, in which a majority of the Board 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 i
Commissioner Diaz i
Commissioner McGaffigan EDO OGC OCAA OCA OIG Office Directora, Regions, ACRS, ACNW, ASLBP (via E-Mail)
Section 201 of the Energy Reorganization Act, 42 U.S.C.
2 Section 5841, 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.
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 l