ML20138E678

Order to Show Cause Why Licensee Authority to Possess Highly Enriched U Fuel Should Not Be Suspended

ML20138E678
Person / Time
Site:	University of Lowell
Issue date:	09/27/1985
From:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
To:	MASSACHUSETTS, UNIV. OF, LOWELL, MA (FORMERLY LOWELL
References
NUDOCS 8510250079
Download: ML20138E678 (3)

Text

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4 UNITED STATES OF AMERICA

' j NUCLEAR REGULATORY COMMISSION J

In the matter of Docket No. 50-223 [

UN!VERSITY OF LOWELL

(Research Reactor)

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ORDER TO SHOW CAUSE I.

I The University of Lowell ("the licensee") is the holder of Facility Operating License No. R-125 issued by the Nuclear Regulatory Commission ("the Commission"). The license authorizes the operation of a research reactor at l

• Lowell, Massachusetts.

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Recognizing that many nonpower reactor facilities have on hand unirradi-8 i

ated high enriched uranium (HEU) fuel that is not needed for current operations, d the Commission believes that prudence dictates the taking of reasonable steps

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to decrease the potential for any adverse consequences from possession of HEU ~

! in excess of operational needs by suspending the right to possess HEU invento-1 l

ries in excess of quantities sufficient for the maintenance of normal operations

! or for the replacement of depleted fuel and failed elements. Therefore, the r

l Commission has fcund it desirable to protect the public health and safety and common defense and security by requiring all excess HEU fuel to be removed to 3;e., ___

a secure facility away from the reactor site.

2 Includes research, test and critical experiment facilities. ,

8510250079 850927 PDR ADOCK 05000223 P PDR l

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, 5 III.

4 Accordingly, pursuant to Sections 104, 161b, and 1611 of the Atomic Energy Act of 1954, as amended, and Section 2.202 of 10 CFR Part 2 and Section 50.54(h) of 10 CFR Part 50, IT IS HEREBY ORDERED that the licensee shall show cause why .

the licensee's authority to possess HEU fuel should not be suspended in accor-dance with the following provisions:

(1) The licensee shall within 120 days from the effective date of this Order move to a secure facility all unirradiated high enriched ura-nium fuel presently on-site except for that needed to replace one

failed element for each different type element in the core. There-after, the licensee may possess unirradiated high enriched uranium fuel on-site only in that quantity necessary to replace one failed element for each different type element in the core. For purposes of this condition, a secure facility is a Department of Energy facility or a U.S. Nuclear Regulatory Commission licensed fuel cycle facility that is protecting formula quantities of strategic special nuclear material.

(2) Facilities that require replacement elements for refueling may also j

maintain an inventory of not more than the amount of fuel depleted in a 90-day period of normal operation.

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(3) The Commission may relax the above requirements in writing for good cause shown.

IV.

i Within 30 days of the date of this Order, the licensee may show cause why the provisions specified in Sec' t ion III should not be ordered, by filing a written answer under oath or affirmation that sets forth the matters of fact and law on which the licensee relies. The licensee may answer this Order, as provided in 10 CFR 2.202(d), by consenting to the entry of an order in sub-stantially the form proposed in this Order to Show Cause. Upon the licensee's consent to the provisions set forth in Section III of this Order or failure to i

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e answer or request a hearing on this Order within the specified time period, the provisions set fo7th in Section III shall become effective without further order. If the licensee files an answer opposing the Order proposed in Section III or if a hearing is requested, the provisions set forth in Section III shall become effective c'n the date specified in an order issued following further proceedings on this Order.

The licensee or any other person whose interest is adversely affected by '

I this Orcer may request a hearing on this Order. Any answer to tnis Order or request for hearing shall be sent within 30 days of the date of this Order to i the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, I

DC 20555. A copy shall also be sent to the Executive Legal Director at the same accress.

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If a hearing is to be held, the Commission will issue an order designating the time and place of any such hearing. If a hearing is held, the issue for j hearing shall be whether the provisions set forth in Section III of this Order should be sustained.

i FOR THE COMM:5 SIGN

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h1 C. HOYIZ Acting Secretary of the Ccrrission Dated at 1:ashi.p., DC i this 27th day of Septeber,1983 '

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