ML20211L222
| ML20211L222 | |
| Person / Time | |
|---|---|
| Site: | University of Lowell |
| Issue date: | 09/30/1997 |
| From: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| SECY-97-219, SECY-97-219-01, SECY-97-219-1, SECY-97-219-R, NUDOCS 9710100137 | |
| Download: ML20211L222 (8) | |
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POLICY ISSUE Sept _embe r 30, 1997 SECY-97-219 EQB: The Commissioners EaQM: L. Joseph Callan j Executive Director for Operations
SUBJECT:
ORDER MODIFYING LICENSE TO CONVERT FROM HIGH ENRICHED TO LOW ENRICHED URANIUM FUEL (UNIVERSITY OF MASSACHUSETTS LOWELL)
PURPOSE:
l To inform the Commission of a conversion order issued under 10 CFR 50.04, which requires that non power reactors convert from high enriched uranium (HEU) fuel to low enriched uranium (LEU) fuel, and the status of HEU to LEU conversions.
.QACKGROUND:
On March 27,1986,10 CFR 50.04, " Limitations on the Use of Highly Enriched Uranium (HEU)in Domestic Non Power Reactors," became effective, in part, the regulation requires conversion from the use of HEU fuel to LEU fuel, provided suitable fuel and funding are available through the Department of Energy (DOE) or another appropriate Federal agency.
The regulation in 10 CFR 50.64(c)(3) requires that the conversion be implemented by an order issued by the Office of Nuclear Reactor Regulation (NRR). In the development of 10 CFR E0.64(c)(3) (51 FR 6517), the Commission decided that an order was appropriate for conversion to avoid litigation expenses that could be incurred by the licensee if a hearing were requested. In the event of a hearing, the staff would participate fully in the proceeding and would have the burden of defending the order. The licensee need not participate in the hearing.
0/
l l CONTACT:
Theodore S. Michaels, NRR/PDND SECY NOTE: TO BE MADE PUBLICLY 415 1102 AVAILABLE IN 5 WORKING DAYS FROM Tile DATE OF THIS PAPER 9710100137 970930 21 PDR. b bl hh!
V The Commissioners 2 DISCUSSION:
In SECY 87171, the NRC staff informed the Commission that an order to convert from HEU fuel to LEU fuel had been issued to the Rensselaer Polytechnic Institute. In COMLZ.
i 87 43, the Commission requested that NRR inform it of subsequent conversion orders issued similar to the one discussed in SECY 87171. To comply with this request, we have
, attached the order that NRR issued for the conversion of the University of Massachusetts Lowell research reactor The required 20 day period for hearing requests has expired and a request for hearing has not been received.
l In addition to SECY 87171, we have informed the Commission of other orders in SECY 89 001,90184,90-402,9,122,93154,93 208, and 95 222, In SECY 90184, the staff summarized the status of the conversions from HEU fuel to LEU fuel. The attached table updates this summary, it is noted that 6 of the original 25 non power rek. tors have been decommissioned and had their license terminated, are in the process of decommissioning, or have ceased operation.
DOE is not planning to fund the following f acilities because they are commercial entitles, no appropriate fuelis available, or a unique purpose exemption application has been submitted:
General Electric Company Nuciaar Test Reactor in Pleasanton, California (commercial); the Massachusetts Institute of Technology (no appropriate fuel); and the NationalInstitute of Standards and Technology (NIST) and the University of Missouri Columbia (uniquo purpose exemption). In addition, DOE is not planning to fund NIST in any case because it maintains that the Department of Commerce should fund NIST.
Coordination:
-The Office of the General Counsel has reviewed this paper and has no legal objection to it.
/ )) ffr oseph Callar7 E cutive Directbr for Operations Attachments: 1. Order
- 2. Table DISTRIBUTION:
Commissioners OGC OCAA OIG OPA OCA CIO CFO EDO SECY
1 7590 01 P I
UNITED STATES OF AME U{A 1
1 NUCLEAR REGULATORY COMMISSION In the Matter of ll l
ll l UNIVERSITY OF MASSACHUSETTS LOWELL ;l Docket No. 50 223 ll (University of Massachusetts Lowell 1 ResearchReactor) h ORDER M001FYING 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 Comission, and subsequently renewed on November 21, 1985, by the U.S. Nuclear Regulatory Comission (the NRC or the Com.i s sion) . 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 reacto; located in the center of the North Campus c) 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.
11.
On February 25, 1986, the Comission 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
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2-i 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 Comission unless the Comission has determined that the reactor has a unicue purpose. The Comission issued the rule to reduce the risk of theft and diversion of HEU fuel used in non power reactors.
l Paragraphs 50.64(b)(2)li) and (ii) require that a licensee of a non-power reactor (1) not acquire more HEU fuel ti LEU fuel 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)(1) 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) by March 27,1987, and at 12 month intervals thereafter, a written proposal for meeting the requirements of the rule. The licensee sh.11 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 arrangements for available financial support, and reactor usage.
A e
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 licensee proposal, to confirm the status of Federal Government funding, and to determine a final schedule, if the licensee has submitted a schedule for conver: ion.
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.
4 III. 4 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 Jafety analyses. HEU fuel elements are to be replaced with LEU fuel elements. The fuel elements contain fuel plates, typical of mater' , test reactors, with the fuel meat consisting
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of uranium silicide dispe,* sed in an aluminuit mattn. Diese 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 determined that public health and safety and comon 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 includd herein. The attachment to this Order specifies the changes to tha : Lanse 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 1610 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 conditions and technical specifications as stated in the attachment to this Order en the later date nf either (1) the day the licensee receives an adequate n'ber and type of LEU fuel elements to operate the facility as specified .he licensee proposal or (2) 30 days af ter the date of publication of this Order ir, 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
to the Director, Office of Nucletr 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 addree.6. 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 interest is adversely affected, the Commission shall issue an order designating the time and place of any hearing. If a hearing is hcid, 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 Reaister or, if a hearing is requested, on the date specified in an order after further proceedings on this Order.
FOR THE NUCLEAR REGULATORY COMMISSION betor Office of Nuclear Reactor Regulation Dated at Rockville, Maryland.
this 31st day of July 1997
Attachment:
As stated
4 NON-POWER REACTOR HEU TO LEU CONVERSION PROGRAM Ctatus a/o Sep 97 Licensee Date HEU Fuel Estimated LEU Remarks i Off Site Fuel Availability HEU to LEU Conversions Converted from RPI Sep 87 Yes Not Apphcable (NA)
HEU to LEU Ohio State Dec 88 Yes NA WPl Dec 88 Yes NA lowa Stato Aug 91 No NA Ship HEU FY98 Manhattan Mar 92 Yes NA U. of Mo. Rolla Jul 92 Yes NA Rhode Island AEC Aug 93 Yes NA U. of Virginia Apr 94 Yes NA Conversion Order U. of Mass. Lowell Jul 97 No CY 97 R;cetors to be Purdue -
No FY 98 Converted U. of Fla. -
No FY 99 Oregon State -
No FY 02 Texas A&M -
No FY-02 U. of Wisc. -
No FY-04 Washington State -
No FY 07 Commercial NPR General Electric -
No- NA Unique Purpose NIST -
No NA Applications U. of Mo. Columbia -
No NA No suitable LEU Fuel MIT -
No NA Licensees Who Operated with HEU That Have Ceased Operation License Terminated Westinghouse Oct 88 Yes NA Decommission Orders Cintichem Nov 91 Yes NA issued Virginia Cavalier Feb 92 Yes NA U. of Wash. May 95 Yes NA Cns d Operation General Atomic Dec 94 No NA PO License, Mar 95 Georgia Tech Jul 97 Yes NA Conv. Order Jun 95
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