ML20154K847

Responds to Licensee & DOE Re Transfer of Regulatory Authority of HEU Refeed Areas from DOE to Nrc. Staff Has No Objections Re Transfer of Regulation of X-326 Exclusion Zone from DOE Regulation to NRC Regulation

ML20154K847
Person / Time
Site:	Portsmouth Gaseous Diffusion Plant
Issue date:	10/13/1998
From:	Paperiello C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	John Miller UNITED STATES ENRICHMENT CORP. (USEC)
References
TAC-L32099, NUDOCS 9810190042
Download: ML20154K847 (3)

Text

.

., pnn YE UNITED STATES

}

~

g NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20556 4001 p g l

%, *. , j'. October 13, 1998 Mr. James H. Miller Vice President, Production U. S. Ennchment Corporation 2 Democracy Center 6903 Rockledge Drive Bethesda, MD 20817

SUBJECT:

PORTSMOUTH GASEOUS DIFFUSION PLANT: TRANSFER OF REGULATORY AUTHORITY OF HIGHLY ENRICHED URANIUM REFEED AREAS FROM THE DEPARTMENT OF ENERGY TO THE NUCLEAR REGULATORY COMMISSION (TAC NO. L32099)

Dear Mr. Miller:

This refers to your letter to the Nuclear Regulatory Commission (NRC) dated September 28,1998, entitled " Notification that Department of Energy Regulated Activities

'in the X-326 Exclusion Zone are Complete," and the Department of Energy (DOE) letter dated September 30,1998, entitled " United States Enrichment Corporation - Portsmouth Gaseous Diffusion Plant - Building X-326 Exclusion Zone Regulatory Authority."

In your September 28 letter, you indicated that you have completed all DOE regulated highly enriched uranium (HEU) refeed activities in the leased, but not certified, area known as the X-326 Exclusion Zone. DOE, in its September 30 letter, recommended transfer of )

regulatory authority for this area to the NRC. DOE also identified four open issues that g could impact NRC's regulation, and recommended transfer of their closure responsibility to the NRC. The open issues involve: (1) nuclear criticality safety (NCS) controls for the Exclusion Zone areas to be specified in fire fighting precautions to be completed by October 9,1998,(2) inclusion of High Assay Sampling Area operation descriptions and controls in the X-326 Nuclear Criticality Safety Approvals (NCSAs) to be completed by -

October 23,1998, as part of the site-wide NCS Corrective Action Plan, (3) an f' inconsistency between two NCSAs regarding the storage of pigtails (capping ends versus bagging) in the Product Purification Area for which a corrective action plan will be prepared by October 6,1998, and (4) corrective actions regarding a violation dealing with absence of an NCS interaction calculation for storage of pigtails adjacent to the north wall of the Product Purification Area to be completed by June 22,1999.

9 3010 MlCia - dd 9810190042 981013 PDR ADOCK 07007002 <

C PDR

. .. . . _ . . - - .- - ~- - - - - --

c Mr. James H. Miller 2 October 13, 1998 l Based on USEC's certification that the X-326 Exclusion Zone meets all applicable NRC l requirements (excluding the four open issues identified above) and Fundamental Nuclear Material Control Plan commitments and that converting the X-326 Exclusion Zone to NRC regulation will not result in USEC possessing (across all leased and NRC-regulated areas)

SNM of either moderate or high strategic significance, and based on DOE's recommendations that regulation of the Exclusion Zone along with four open issues (identified above) be transferred to the NRC, the NRC staff has no objections at this time regardin3 the transfer of regulation of the X-326 Exclusion Zone from DOE regulation to NRC regulation. The transfer will become effective at 12:01 am on the day following the date of this letter. If you have any questions regarding this matter, please contact Yawar Faraz at (301) 415-8113.

Sincerely, (Original signed by M. Knapp for)

Carl J. Paperiello, Director Office of Nuclear Material Safety and Safeguards Docket 70-7002 Certificate GDP-2 cc: Mr. Randall DeVault, DOE-OR Mr. Morris Brown, PORTS Mr. Steven Toelle, USEC DISTRIBUTION: (Control No. 420S)

Docket 70-7002 +NRC FHe Centen PUBLic Ko'Brien, Alli CCox KWirtsberg, OGC NMSS r/f FCSS r/f WTroskoski, FCoB WSchwink SPB r/f TReidinger, Rlll oHartland, Rlli CBlanchard, '

MHorn

'See previous concurrence %1b)M m [',

oFc SPB C, *SPB 2E SPB b SPlf b FCk NMSS NAME YFaraz:ij DHoadley (feadoMy R ekson kulkti ETer yck DATE M$/ /98 10/5/98 /d / [n /98 N/1 /96 / /98 @/ i /98 fo / / 8 c = COVER E'= cover & ENCLOSURE N = No copy A:\X326 con.LTR OFFICIAL RECORD COPY Wlf9 #l l

p Mr. James H. Miller 2 Based on USEC's certification that the X-326 Exclusion Zone meets all applic.able NRC

,. requirements and Fundamental Nuclear Material Control Plan commitments.efnd that converting the X-326 Exclusion Zone to NRC regulation will not result ingdSEC possessing (across allleased and NRC-regulated areas) SNM of either moderate ophigh strategic significance, and based on DOE's recommendations that regulation f the Exclusion Zone along with four open issues (identified above) be transferred to t NRC, the NRC staff has no objections at this time regarding the transfer of regulation of' he X-326 Exclusion Zone from DOE regulation to NRC regulation. The transfer will be90me effective at 12:01 am on the day following the date of this letter. If you have any gtlestions regarding this matter, please contact Yawar Faraz at (301) 415-8113. /

Sincerely, Carl . Paperiello, Director Of ce of Nuclear Material Safety and Safeguards Docket 70-7002 Certificate GDP-2 cc: Mr. Randall DeVault, DOE-Mr. Morris Brown, PORT Mr. Steven Toelle, USE

1. DISTRIBUTloN: (Control No. 420S Docket 70-7002 NRC File Cent PUBLIC KO'Brien, Rill CCox KWinsbarg, oGC NMSS r/f FCSS r/f

. WTroskoski, FCOB W chwink SPB r/f TReidinger, Rill DHartland, Rill CBlanchard, Rlll MHorn oFC SPB O .P , J SPB SPB oGC FCSS NMSS NAME YFarar:i h ley MGalloway RPierson ETenEyck CPaperiello DATE lo / 4 /98 / b /98 / /98 s /98 / /98 / /98 / /98

/ C = COVER E = COVER & ENCLC, "RE N = No COPY A:\x326 con.LTR OFFICIAL RECORD COPY

_2