ML20211Q322

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Informs Commission That Staff Plans to Incorporate Into 10CFR50 Criteria Presently Used to Grant Exemptions to Criticality Alarm Requirements of 10CFR70 at Nuclear Power Reactors
ML20211Q322
Person / Time
Issue date: 10/06/1997
From: Callan L
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Diaz N, Dicus G, Shirley Ann Jackson, Mcgaffigan E, The Chairman
NRC COMMISSION (OCM)
References
NUDOCS 9710220250
Download: ML20211Q322 (3)


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UNITED STATES

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NUCLEAR REGULATORY COMMISSION t

WASHINGTON, D.C. 20555 4 001 October 6, 1997 MEMORANDUM TO:

Chairman Jackson Commissioner Dieus Commissioner Diaz Commissioner McGaffigan FROM:

L Joseph Callan c

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p Executive Director 1o perations

SUBJECT:

RULEMAKING FOR 10 CFR PARTS 50 AND 70, CRITICALITY ACCIDENT REQUIREMENTS in response to the SRM dated August 19,1997, relative to SECY 97155, this memorandum is to inform the Commission that the staff plans to incorporate into 10 CFR Part 50 the criteria that are presently used to grant exemptions to the critica'L.y alarm requirements of 10 CFR Part 70 at nuclear power reactors. The SRM also directs the staff to issue appropriate generic communications regarding complNnce and enforcement for the interim period until the rule can be appropriately corrected. The staff has scheduled this direct final rulemaking to reach the Commission by November 14,1997. Therefore, the issuance of a generic communication may a

not be necessary, The direct final rulemaking will be prepared to revise 10 CFR Parts 50 and 70 to state that, except for persons licensed to operate a light-water nuclear power reactor, each licensee authorizeo to possess special nuclear mated.11(SNH) in quantitles specified in the section is required to meet the requirements of 10 CFR 70.24. A new section would be added to 10 CFR Part 50 to state that individuals licensed to construct or opert.te a light-water nuclear power reactor have the option of either meeting the criticality alarm requirements of 10 CFR 70.24 in dry handling and dry storage areas for SNM or electing to comply with the criteria listed in the body of this new section. These criteria are contained in SECY-97-155, which the Commission approved on August,19,1997, and are repeated below.

1.

Plant procedures do riot permit more than one pressurized water reactor or three boiling water reactor fuel assemblies to be out of an approved storage configuration at one time.

2.

The k-effective of the fresh fuel storage racks filled with fuel of the maximum permissible U 235 enrichment and flooded with pure water does not exceed 0.95, at a 95 percent probability,95 percent confidence level.

3.

If optimum moderation of fuelin the fresh fuel storage racks occurs when the fresh fuel storage racks are filled with low-density hydrogenous fluid, the k-effective corresponding to this optimum moderation does not exceed 0.98, at a 95 percent probability,95 percent confidence leve:

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4.

The k-effective of spent fuel storage racks filled with fuel of the maximum permissible U-235 enrichment and flooded with pure water does not exceed 0.95, at a 95 percent probability,95 percent confidence level.

S.

The quantity of SNM, other than nuclear fuel stored on site, in any given area is less than the quantity necessary for a critical mass, i

6.

Radiation monitors, as required by GDC 63, are provided in fuel storage and handling areas to detect excessive radiation levels and to initiate appropriate safety actions.

7.

The maximum nominal U 235 enrichment of the fresh fuel assemblies is 5 welght-percent.

The milestones and completion dates for the direct final rule are as follows:

l Completion of Division level review, RES.

September 29,1997 Completion of Office level review, RES:

October 2,1997 Technical review and concurrence by NRR, NMSS:

October 20,1997 OGC review:

October 20,1997 To EDO:

November 7,1997 To Commission:

November 14,1997 i

Estimated resources to conduct this rulemaking are approximately 0.3 FTE and no contract i

support dollars are required. These resources are contained within the FY 1997 through 1

FY 1999 budgets.

The Office of General Counsel has no legal objection to this memorandum. The Office of the l

Chief Financial Officer has no resource objections to this paper. The Office of the Chief i

Information Officer conc 0rs that there will be no information technology or management

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4.

The k-effective of spent fuel storage racks filled with fuel of the maximum permissible U 235 enrichment and flooded with pure water does not exceed 0.95, at a 95 percent probability, 95 percent confidence level.

5.

The quantity of SNM, other than nuclear fuel stored on site, in any given area is less than the quantity necessary for a critical mass.

6.

Radiation monitors, as required by GDC 63, are provided in fuel storage and handling areas to detect excessive radiation levels and to initiate appropriate safety actions.

7.

The maximum nominal U 235 enrichment of the fresh fuel assemblies is 5 weight-percent.

The milestones and completion dates for the direct final rule are as follows:

Completion of Division level review, RES:

September 29,1997 Completion of Office level review, RES:

October 2,1997 Technical review and concurrence by NRR, NMSS:

October 20,1997 OGC review:

October 20,1997 To EDO:

November 7,1997 To Commission:

November 14,1997 Estimated resources to conduct this rutemaking are approximately 0.3 FTE and no contract support dollars c re required. These resources are contained within the FY 1997 through FY 1999 budgets.

The Office of General Cour.:el has no legal objectio'1 to this memorandum. The Office of the Chief Financial Officer has no resource objections to this paper. The Office of the Chief Information Officer concurs that thare will be no information technology or management impacts.

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