ML20202J144

Proposed Rules 10CFR50 & 70, Criticality Accident Requirements. Rules Would Amend Regulations to Provide light-water Nuclear Power Reactor Licensees W/Greater Flexibility in Meeting Certain Requirements

ML20202J144
Person / Time
Issue date:	11/14/1997
From:	Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
References
FRN-62FR63911, RULE-PR-50, RULE-PR-70 PR-971114, NUDOCS 9712110065
Download: ML20202J144 (7)

Text

>

l 00CKETED USHRC DOCET M PROPOSED RULE $ [O + 70

[7590 01 P]

( M F639//)

W (EC ~9 100:35 NUCt. EAR REGULATORY COMMISSION OFFK:i G SECU L M RULL.MV 31:. ' rK..'

10 CFR Parts 50 and 70 MDC'd 'M M RIN: 3150 AF87 Criticality Accident Requirements AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations to provide light-water nuclear power reactor licensees with greater flexibility in meeting the requirement that licensees authorized to possess more than a small amount of special nuclear material (SNM) maintain a criticality monitoring system in each area whete the material is handled, used, or stored. This action is taken as a result of the experience gained in processing and evaluating a number of exemption requests from power reactor licensees and NRC's safety assessments in response to these requests that concluded that the likelihood of criticality was negligible.

61997 DATES: Comments on the proposed rule must be received oa or before 'JO d:y: 2.s m - n. c e - e e ).

g Q Ll -l ( W !3 0

o cavo,u,J llo W al'p m ows its le s rw v.s n y sn Swa sv c &

X-p q-I pr '~7O lllll1)I!I(lllTi!I!Ill!!Il DS //

!M

T429,8o65972224 M m is/s/91 50 62FR63911 PDR

ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudication Staff.

Hand deliver comments to 11555 Rockville Pike, Maryland, between 7:45 am and 4:15 pm on Federal workdays.

Copies of any comments received may be examined at the NRC Public Document Room,2120 L Street NW. (Lows

• Level), Washington, DC.

For information on submitting comments electronically, see the discussion under Electronic Access in the Supplementary information section.

FOR FURTHER INFORMATION CONTACT: Stan Turel, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555 0001, telephone (301) 415-6234, e mail spt@nrc. gov.

SUPPLEMENTARY INFORMATION:

For additionalinformation see the Direct Final Rule published in the rules section of this Federal Register.

Procedural Background Because NRC considers this actian noncontroversial and routine, we are publishing this proposed rule concurrently as a direct final rule. The direct final rule will become effective on 1 % /7,t998 (75 d:;: c*r pM~eLea b Um red...i Repm). However,if the NRC receives significant

}ew"; D,1918 adverse comments on the direct final rule by (M ^ye r pd'!::Sr. ir. S.: F:de':' ",:p:'r),

2-

a then the NRC will publish a document that withdraws the direct final rule. If the direct final rule is withdrawn, the NRC will address in a Final Rule the comments received in response to the proposed revisions in a subsequent Anal rule. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period for this action in the event the direct final rule is withdrawn.

Electronic Access You may also provide comments via the NRC's interactive rulemaking web site through the NRC home page (http://www.ntc. gov). This site provides the availability to upload comments as files (any format), if your web browser supports that funcilon. For informaticn about the interactive rulemaking site, contact Ms. Carol Gallagher, (301) 415 C215; e mail CAG@nrc. gov, List of Subjects 10 CFR Part 50 Antitrust, Classified information, Criminal perialties, Fire protection, Intergovernmental relations, Nuclear power plants and reactors, Raolation protection, Reactor siting criteria, Reporting and recordkeeping requirements.

10 CFR Part 70 Criminal penalties, Hazardous materials transportation, Material control and accounting, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material.

3

M M

D 4

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reaganization Act of 1974, as ainended, the National Environmental Policy Act of 1969, as amended, and 5 U.S.C. 553, the NRC is considering adopting the following amendments to 10 CFR Parts 50 and 70.

PART 50-DOMESTIC ! lCENSING OF PRODUCTION AND UTILIZATION FACILITIES The authority citation for 10 CFR Part 50 continues to read as follows:

1. Authority: Sees. 102,103,104,105,161,182,183,186,189,68 Stat. 936,937,938, 948,953,954,955,956, as amended, sec. 234,83 Stat. 444, as amended (42 U.S.C. 2132, 2133,2134,2135,2201,2232,2233,2236,2239,2282); secs. 201, as amended,202,206,88 Stat.1242, as amended 1244,1246, (42 U.S.C. 5841, 5842, 5846).

Section 50.7 also issued under Pub. L. 95 - 601, sec.10,92 Stat. 2951, as amended by Pub. L.102 486, sec. 2002,106 Stat. 3123, (42 U.S.C. 5851). Sections 50.10 also issued under secs. 101,185,68 Stat. 936,955, as amended (42 U.S.C. 2131,2235); sec.102, Pub. L.

91 - 190,83 Stat. 853 (42 U.S.C. 4332). Sections 50.13,50.54(dd), and 50.103 aiso issued under sec.108,68 Stat. 939, as amended (42 U.S.C. 2138). Sections 50.23,50.35,50.55, and 50.56 also issued under sec.185,68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a,50.55a and Appendix Q also issued under sec.102, Pub. L 91 - 190,83 Stat. 853 (42 U.S.C. 4332).

Sections 50.34 and 50.54 also issued under sec. 204,88 Stat.1245 (42 U.S.C. 5844).

Sections 50.58,50.91, and 50.92 also issued under Pub. L 97 - 415,96 Stat. 2073 (42 U.S.C.

2239). Section 50.78 also issued under sec.122,68 Stat. 939 (42 U.S.C. 2152). Sections 50.80 50.81 also issuad under sec.184,68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued under sec.187,68 Stat. 055 (42 U.S.C. 2237).

4

%w s..

9

• I

2. Section 50.68 is added under the conter heading ' Issuance, Limitations, and CorfhnM Lloonses and Construction Permits

• to read as follows:

$30.88 Citticality auddentfaquirements.

(a) Each holder of a construction perms or operating license for a nucisar power reactor issued uncia tMs part, or a combined ilewee for a nuclear power reactor issued under part 52 of this chapter shall comply with either 10 CFR 70.24 of this chapter or requirements in paragraph (b).

(b) Each licensee shall compiy with the following requirements in lieu W maintaining a monitoring system capable of detecting a criticality as described in 10 CFR 70.24:

(1) Plant procedures may not permit handling and transportation at any one time of more fuel assemblios than have been determined to be safely subcritical under the I,.)st adverse moderation conditions feasib!a by unborated water.

(2) The estimated ratio of neutron production to neutron absorption and leakage (k-effective) of the fresh fuel in the fresh fuel storage racks shall be calculated assuming the racks are loadad with fuel of the maximum rermissible U 235 enrichment and flooded with pure water and must not exceed 0.95, at a 95 percent probability, 95 percent confidence level.

(3) If optimum moderation of fresh fuelin the fresh fuel storage racks occurs when the racks are assumed to be loaded with fuel of the maximum permissible U-235 enrichment and filled with low density hydrogenous fluid, the k effective corresponding to this optimum moderation must not exwed 0.98, at a 95 percolat probability,95 percent confidence level.

(4) If no credit for soluble boron it, taken, the k effective of the spent fuel statage lacks loaded with fuel of the maximum permissible U 235 enrichment must not exceed 0.95, at a 95 percent probability,95 percont confidence level, if flooded witn pure water. If credit is taken for 5-i

Ni C

c soluble boron, the k effect.9e of the spent fuel storage racks loaded with fuel of the maximum permissible U.235 enrichment must not exceed 0.95, at a 95 percent probability,95 percent confidence level, if flooded with borated water, and the k effective must remain bebw 1.0 (suberttical), at a 95 percent probability,95 percer.t confidence level, if flooded with pure water.

(5) The quantity of SNM, other than nuclear fuel stored on site, is less than the quantity necessary for a critical mass.

(6) Radiation monitors, as required by GDC 63, are provided in storage and associated handling areas when iuol ls present to detect excessive radiation levels and to initiate appropriate safety actions.

(7) The maximum nominal U 235 enrichment of the fresh fuel assemblies is limited to no granter than five (5.0) percent by weight.

PART 70-DOMESTIC LICENSING CF SPECIAL NUCLEAR MATERIAL The authority citation for 10 CFR Part 70 continues to read as follows:

1. Authority: Sees. 51, 53,161,182,183, 68 Stat. 929, 930, 948, 953, 954, as amenc'ed, sec. 234,83 Stat. 444, as amended, sec. 1701,106 Stat. 2951,2952,2953 (42 U.S.C. 2071,2073,2201,2232,2233,2282,2297f); secs. 201, as amended 202,204,206,'88 Stat.1242, as amended, 1244,1245,1246, (42 U.S.C. 5841, 5842, 5845, 5846).

Sections 70.1(c) and 70.20a(b) also issued under secs 135,141, Pub. L. 97 - 425,96 Stat. 2232, 2241 (42 U.S.C,10155,10161). Section 70.7 also issued under Pub. L. 95 - 601, sec.10, 92 Stat. 2951 (4?. U.S.C. 5851). Section 70.21(g) also issued under 4

6-

sec.122,68 Stat. 939 (

.C. 2152). Section 70.31 also issu(h. sec. 57d, Pub. L. 93 377, C3 Stat. 475 (42 U.S.C. 2077). Sectior.s 70.36 and 70.44 also issued under sec.184,68 Stat. 954, as amended (42 U.S.C. 2234).

Section 70.61 also issued under secs.186,187,68 Stat. 955 (42 U.S.C. 2236,2237).

Section 70.62 also issued under sec.108,68 Stat. 939, as amended (42 U.S.C. 2138).

2. In l 70.24, paragraph (d) is revised to road as follows:

$ 70.24 Criticality accident requirements.

(d) The requirements in paragraph (a) through (c) of this section do not apply to holders of a construction permit or operating license for a nuclear power reactor issued pursuant to part 50 of this chapter, or combined licenses issued under part 52 of this chapter,if the holders comply with the requirements of paragraph (b) of 10 CFR 50.68 of this chapter.

Dated at Rockville, Maryland this ay of A/dV.1997, For the Nuclear Regulatory Commission.

L Joseph Callan, Ex e Director for Operations.

(

7

.