ML20138E804

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

ML20138E804
Person / Time
Site:	Rensselaer Polytechnic Institute
Issue date:	09/27/1985
From:	Hoyle J NRC OFFICE OF THE SECRETARY (SECY)
To:	RENSSELAER POLYTECHNIC INSTITUTE, TROY, NY
References
NUDOCS 8510250118
Download: ML20138E804 (3)

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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION j

Docket No. 50-225 In the matter of RENSSELAER POLYTECHNIC INSTITUTE (Critical Experiment Facility)

ORDER TO SHOW CAUSE

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The Rensselaer Polytechn'ic Institute ("the licensee") is the holder of Facility Operating License No. CX-22 issued by the Nuclear Regulatory Commission

("the Commission"). The license authorizes the operation of a critical experi-I ment facility at Troy, New York.

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Recognizing that many nonpower reactor facilities' have on hand unirradt-l ated high enriched uranium (HEU) fuel that is not needed for current operations, I

the Commission believes that prudence dictates the taking of reasonable steps to decrease the potential for any adverse consequences from possession of HEU j

in excess of operational needs by suspending the right to possess HEU invento-ries in excess of quantities sufficient for the maintenance of normal operations-or for the replacement of depleted fuel and failed elements.

Therefore, the Commission has found it desirable to protect the public health and safety and common defense and security by requiring all excess HEU fuel to be removed to i

i a secure facility away from the reactor site.

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' Includes research, test and critical experiment facilities.

0510250118 850927 PDR ADOCK 05000225 P

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.E III.

Accordingly, pursuant to Sections 104, 161b, and 1611 of the Atomic Energy Act of 1954, as amertded, and Section 2.202 of 10 CFR Part 2 and Section 50.54(h) of 10 CFR Part 50, IT IS HEREBY ORDEREO that the licensee shall show cause why the licensee's authority to possess HEU fuel should not be suspended in at::or-dance with the following provisions:

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(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 I

failed element for each different type element in the core. There-after, the licensee may possess unirradiated high enriched uranium i

fuel on-site only in that quantity necessary to replace one failed j

element for each different type element in the core.

For purposes of this condition, a secure facility is a Department of Energy facility s

i or a U.S. Nuclear Regulatory Commission licensed fuel cycle facility i

j that is protecting formula quantities of strategic special nuclear l

reate ri a l.

l (2) Facilities that require replacement elements for iefueling may also I

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

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

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IV.

i Within 30 days of the date of this Order, the licensee may show cause why the provisions specified in Section 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 l

provided in 10 CFR 2.202(d), by consenting to the entry of an order in sub-f 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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i answer or request a nearing on this Order within the specified time period, the provisions set forth in Section III shall become effective without further If the licensee files an answer opposing the Order proposed in Section order.

III or if a hearing is requested, the provisions set forth in Section III shall become effective on the date soecified in an order issued following further.

proceedings on tnis Order.

The licensee or any other person whose interest is adversely affected by this Order may recuest a hearing on this Order.

Any answer to this Order or request for hearing shall be sent witnin 30 days of the date of this Order to tne Secretary of the Ccemission, U.S. Nuclear Regulatory Commission, Washington, CC 2C555. A copy shall also be sent to the Executive Legal Director at the sa,e accress.

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 nearing shall be whether the provisions set forth in Sec* ion III of this Order snould be sustained.

FOR THE CCMM: 3SION

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/ dolci C. !DYII Acting Secretarf of the Camnission Dated at Uashington, DC this 27th day of Septeber, 19C3 3

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