ML20198E808
| ML20198E808 | |
| Person / Time | |
|---|---|
| Site: | University of Lowell |
| Issue date: | 07/31/1997 |
| From: | Collins S NRC (Affiliation Not Assigned) |
| To: | MASSACHUSETTS, UNIV. OF, LOWELL, MA (FORMERLY LOWELL |
| Shared Package | |
| ML20198E807 | List: |
| References | |
| NUDOCS 9708080216 | |
| Download: ML20198E808 (6) | |
Text
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0 7590-01-P UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )
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UNIVERSITY OF MASSACHUSETTS LOWELL ) Docket No. 50-223
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(University of Massachusetts Lowell Research Reactor)
ORDER MODIFYING FACILITY OPERATING LICENSE NO. R-125 1.
The University of Massachusetts Lowell (the licensee) is the holder of Facility Operating License No R-125 (the license) issued on December 24, 1974, by the U.S. Atomic Energy Commission, and subsequently renewed on November 21, 1985, by the U.S. Nuclear Regulatory Commission (the NRC or the Commission). The license authorizes operation of the University of Massachusetts Lowell Research Reactor (the facility) at a power level up to 1 megawatt thermal (MW(t)). The facility is a research reactor located in the center of.the North Campus of the University of Massachusetts Lowell, in the city of Lowell, Middlesex County, in northeastern Massachusetts, approximately 5 miles from the New Hampshire border. The mailing address is Radiation Laboratory, University of Massachusetts Lowell, One University Avenue, Lowell, Massachusetts 01854.
II.
On February 25, 1986, the Commission promulgated a final rule in Section 50.64 of Title 10 of the Code of Federal Reaulations (10 CFR 50.64) limiting the use of high-enriched uranium (HEU) fuel in domestic research and 9708080216 970731 PDft ADOCK 05000223 i P PDft I
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2-test reactors (non power reactors) (see 51 FR 6514). The rule, which became effective on March 27, 1986, requires that if Federal Government funding for conversion-related costs is available, each licensee of a non-power reactor replace HEU fuel at its facility with low-enriched uranium (LEU) fuel acceptable to the Commission unless the Comission has determined that the reactor has a unique purpose. The Comission issued the rule to reduce the risk of theft and diversion of HEU fuel used in non-power reactors.
Paragraphs 50.64(b)(2)(i) and (ii) require that a licensee of a non-power reactor (1) not acquire m re HEU fuel if LEU tuel that is acceptable to the Comission for that reactor is available when the licensee proposes to acquire HEU fuel and (2) replace all HEU fuel in its possession with available LEU fuel acceptable to the Comission for that reactor in accordance with a schedule determined pursuant to 10 CFR 50.64(c)(2).
Paragraph 50.64(c)(2)(i) requires, among other things, that each licensee of a non-power reactor authorized to possess and to use HEU fuel develop and submit to the Director of the Office of Nuclear Reactor Regulation (Director) 3 by March 27,1987, and at 12-month intervals thereafter, a written proposal for meeting the requirements of the rule. The licensee shall include in its proposal a certification that Federal Government funding for conversion is available through the U.S. Department of Energy or other appropriate Federal agency and a-schedule for conversion, based upon availability of replacement fuel acceptable to the Comission for that reactor and upon consideration of other factors such as the availability 'of shipping casks, implementation of
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arrangements for available financial support, and reactor usage.
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3-Paragraph 50.64(c)(2)(iii) requires _the licensee to include in the proposal, to the extent required to effect conversion, all necessary changes to the license, to the facility, and to licensee procedures. This paragraph also requires the licensee to submit supporting safety analyses in time to meet the conversion schedule.
Paragraph 50.64(c)(2)(iii) also requires the Director to review the I
licensee proposal, te -nnfirm the status of Federal Government funding, and-to determine a final schedule, if the lictnsee has submitted a schedule for l l conversion.
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[ Section 50.64(c)(3) requires the Director to review the supporting safety analyses and to issue an appropriate enforcement order directing both the conversion and, to the extent consistent with protection of public health and safety, any necessary changes to the_ license, the facility, and licensee procedures. In the Federal Reaister notice of the final rule (51 FR 6514),
the Commission explained that in most, if not all, cases, the enforcement-order-would be an order to_ modify the license under 10 CFR 2.204.
Section 2.714 states the requirements for a person whose interest may be affected by any proceeding to initiate a hearing or to participate as a party.
Ill.
On May 21,-1993, as supplemented on March 17, 1994, May 16, 1997, and June 6, 1997, the NRC staff' received the licensee's conversion proposal, including its proposed modifications and supporting safety analyses. HEU fuel elements are to be-replaced with LEU fuel elements. The fuel elements contain fuel plates, typical of materials test reactors, with the fuel meat consisting
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! of uranium silicide dispersed in an aluminum matrix. These plates contain the uranium-235 isotope at an enrichment of less than 20 percent. The NRC staff reviewed the licensee's proposal and the requirements of 10 CFR 50.64 and has i determined that public health and safety and common defense and security require the licensee to convert the facility from the use of HEU to LEU fuel..
in accordance with the attachment to this Order and the schedule included herein. The attachment +o this Order specifies the changes to the license '
conditions and discusses the changes to Technical Specifications that are needed to amend the facility license.
IV.
Accordingly, pursuant to Sections 51, 53, 57, 101, 104, 161b, 1611, and 161o of the Atomic Energy Act of 1954, as amended, and to Commission regulations in 10 CFR 2.204 and 10 CFR 50.64, IT IS HEREBY ORDERED THAT:
Facility Operating License No. R-125 is modified by amending the license coaditions and technical specifications as stated in the attachment to this Order on the later date of either (1) the day the licensee receives an adequate number and type of LEU fuel elements to operate the facility as specified in the licensee proposal or (2) 30 days after the date of publication of this Order in the Federal Reaister.
V.
Pursuant to the Atomic Energy Act of 1954, as amended, the licensee or any other person adversely affected by this Order may request a hearing within 30 days of the date of this Order. Any request for a hearing shall be submitted
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to the Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, with a copy to the Assistant General Counsel for Hearings and Enforcement at the same address. If a person other than the licensee requests a hearing, that person shall set forth with particularity in accordance with 10 CFR 2.714 the manner in which his or her interest is adversely affected by this Order.
If a hearing is requested by the licensee or a person whose interr.st is adversely affected, the Commission shall issue an order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing is whether this Order should be sustained.
This Order shall become effective on the later date of either the day the ,
licensee receives an adequate number and type of LEU fuel elements to operate the facility as specified in the licensee proposal or 30 days after the date of publication of this Order in the Federal Reoister or, if a hearing is requested, on the_date specified in an order after further proceedings on this Order.
FOR THE NUCLEAR REGULATORY COMMISSION a betor Office of Nuclear Reactor Regulation Dated at Rockville, Maryland, this 31st day of July 1997
Attachment:
As stated